MYERS v. McCRAY

MYERS v. McCRAY
1955 OK 199
285 P.2d 1043
Case Number: 35942
Decided: 07/05/1955
Supreme Court of Oklahoma

G.T. AND C.G. MYERS, D/B/A MYERS BROTHERS STORE, PLAINTIFFS IN ERROR,

v.

CLYDE McCRAY, DEFENDANT IN ERROR, BEN WARD AND BEN WARD, D/B/A WARD'S SERVICE STATION, GARNISHEE.

Syllabus

¶0 Where plaintiffs in error have served and filed brief, but the defendant in error has neither filed a brief nor offered any excuse for his 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.

[285 P.2d 1044]

Appeal from the District Court of Pittsburg County; W.A. Lackey, Judge.

Proceeding by G.T. and C.G. Myers, doing business as Myers Brothers Store, to collect on a judgment against Clyde McCray. From a judgment in favor of Clyde McCray plaintiff appeal. Reversed and remanded with directions.

Brown, Brown & Brown, McAlester, for plaintiffs in error.

Layden & Layden, McAlester, for defendant in error.

PER CURIAM.

¶1 Plaintiffs have appealed from a judgment entered against them in the trial court and on April 7, 1954, they filed their brief. The authorities therein cited reasonably sustain the allegations of error. The defendant in error has filed no brief and has offered no excuse for such failure. Under such circumstances as stated in Osborne v. Osborne, 163 Okl. 273,

¶2 The cause is reversed and remanded with directions to vacate the judgment entered in favor of defendant and to enter a judgment in favor of plaintiffs as prayed for in their petition in error.

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