BRAY v. BRAY

BRAY v. BRAY
1948 OK 211
198 P.2d 400
200 Okla. 623
Case Number: 33254
Decided: 10/12/1948
Supreme Court of Oklahoma

Syllabus

¶0 APPEAL AND ERROR - Failure of defendants in error to file brief - Reversal.
Where plaintiff in error has served and filed brief, but the defendants in error have neither filed a brief nor offered any excuse for their failure to do so, the court is not required to search the record to find some theory upon which the judgment of the trial court may be sustained, but may, where the authorities cited in the brief filed appear reasonably to sustain the assignments of error, reverse the cause with directions.

Appeal from Superior Court, Seminole County; Bob Aubrey, Judge.

Action by Erven Bray against Juanita Bray, now Delo, et al. for injunction. From a judgment of the trial court sustaining an objection to the jurisdiction and dismissing plaintiffs cause of action, plaintiff appeals. Reversed and remanded, with directions.

James W. Pipkin, of Seminole, for plaintiff in error.

Charles E. Grounds, of Seminole, for defendants in error.

PER CURIAM.

¶1 Plaintiff has appealed from a judgment entered against him in the trial court, and on August 21, 1947, he filed his brief. The authorities therein cited reasonably sustain the allegations of error. The defendants in error have filed no brief and have offered no excuse for such failure. Under such circumstances it is not the duty of this court to search the record for some theory Upon which to sustain the action of the trial court, but the cause will be reversed. See Osborne v. Osborne, 163 Okla. 273, 21 P.2d 1056.

¶2 Reversed for a new trial.

¶3 HURST, C. J., DAVISON, V. C. J., and RILEY, WELCH, CORN, GIBSON, and LUTTRELL, JJ., concur.