DUBUQUE FIRE & MARINE INSURANCE COMPANY v. ROBERTS

DUBUQUE FIRE & MARINE INSURANCE COMPANY v. ROBERTS
1955 OK 330
290 P.2d 138
Case Number: 36315
Decided: 11/15/1955
Supreme Court of Oklahoma

DUBUQUE FIRE AND MARINE INSURANCE COMPANY, A STOCK COMPANY, PLAINTIFF IN ERROR,
v.
CORINNE M. ROBERTS, ADMINISTRATRIX OF THE ESTATE OF RUSH C. ROBERTS, DECEASED, DEFENDANT IN ERROR.

Syllabus

¶0 Where plaintiff in error has 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.

[290 P.2d 139]

Appeal from the District Court of Cleveland County; Tom P. Pace, Judge.

Action by Corinne M. Roberts, administratrix of the estate of Rush C. Roberts, deceased, plaintiff, against Dubuque Fire and Marine Insurance Company, a stock company, defendant. From a judgment for the plaintiff defendant appeals. Reversed and remanded with directions.

Pierce, Mock & Duncan, James W. Shepherd, Oklahoma City, for plaintiff in error.

Person E. Woodall, Norman, for defendant in error.

HALLEY, J.

¶1 Plaintiff obtained a judgment in the trial court against the defendant from which defendant appealed by petition in error and case-made and on July 8, 1954, filed its 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 by this Court in Gooldy v. Hines, 186 Okl. 583,

¶2 The cause is reversed and remanded, with directions to vacate the judgment entered for the plaintiff and enter judgment for the defendant.

¶3 JOHNSON, C.J. and CORN, DAVISON, BLACKBIRD, JACKSON and HUNT, JJ., concur.

¶4 WILLIAMS, V.C.J., concurs in reversal, dissents as to rendition of judgment.