ST. LOUIS & S. F. R. CO. v. HARKEY

ST. LOUIS & S. F. R. CO. v. HARKEY
1916 OK 671
158 P. 438
59 Okla. 158
Case Number: 6582
Decided: 06/13/1916
Supreme Court of Oklahoma

ST. LOUIS & S. F. R. CO.
v.
HARKEY.

Syllabus

¶0 Appeal and Error--Failure to File Brief--Review--Decision.
Where the plaintiff in error duly perfects its appeal to this court, and thereafter serves and files its brief, and defendant in error fails to serve and file a brief and offers no excuse therefor, this court will not search the record for reasons to sustain the judgment of the court below, where, from the brief of plaintiff in error, the assignments of error seem to be well taken, but will reverse and remand the cause.

Error from County Court, Choctaw County; W. T. Glenn, Judge.

Action by Joe Harkey against the St. Louis & San Francisco Railroad Company. Judgment for plaintiff, and defendant brings error. Reversed and remanded.

W. F. Evans, R. A. Kleinschmidt, and W. T. Stratton, for plaintiff in error.

RUMMONS, C.

¶1 Plaintiff in error duly perfected its appeal from the court below and duly filed and served its brief in this court in compliance with the rules, but the defendant in error has failed to file brief and offers no excuse for such failure. The brief of plaintiff in error and the authorities therein cited seem to sustain the assignments of error therein taken. In such case this court will not search the record for reasons to sustain the judgment of the court below, but will reverse and remand the cause.

¶2 The judgment of the court below should therefore be reversed, and the cause remanded.

¶3 By the Court: It is so ordered.