IN MATTER OF WILLIAMS

IN MATTER OF WILLIAMS
1955 OK 83
281 P.2d 742
Case Number: 36236
Decided: 03/29/1955
Supreme Court of Oklahoma

IN THE MATTER OF HABEAS CORPUS OF VERA SUE WILLIAMS, A MINOR. CORA WILLIAMS, PLAINTIFF IN ERROR,

v.

HAROLD LLOYD WILLIAMS AND ALICE LaDEAN WILLIAMS, DEFENDANTS IN ERROR.

Syllabus

¶0 1. 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 appear reasonably to sustain the assignments of error, reverse the cause, with directions.

[281 P.2d 742]

Appeal from the District Court of Tulsa County; Elmer Adams, Judge.

Action by Harold Lloyd Williams and Alice LaDean Williams against Cora Williams for possession of a child in habeas corpus. From a judgment granting the writ in favor of Harold Lloyd Williams and Alice LaDean Williams defendant appeals. Reversed and Remanded With Directions.

F.C. Swindell, Raymond Thomas, Tulsa, for plaintiff in error.

Tom Durham, Tulsa, for defendants in error.

CORN, J.

¶1 Plaintiff in error has appealed from a judgment entered against her in the trial court, and on April 19, 1954, she filed her 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 as stated in Osborne v. Osborne, 163 Okl. 273, 274,

¶2 The cause is reversed and remanded with directions to vacate the judgment entered for the plaintiffs below and to grant a new trial.

¶3 JOHNSON, C.J., WILLIAMS, V.C.J., and WELCH, HALLEY, BLACKBIRD and JACKSON, JJ., concur.