FISHER et al. v. PETTY et al.

FISHER et al. v. PETTY et al.
1917 OK 210
165 P. 163
65 Okla. 122
Case Number: 7251
Decided: 05/08/1917
Supreme Court of Oklahoma

FISHER et al.
v.
PETTY et al.

Syllabus

¶0 Appeal and Error--Failure of Defendant in Error to File Brief--Reversal. When plaintiff in error, in conformity with the rules of the Supreme Court, has prepared, served, and filed a brief, and no brief is filed, and no reason is given for its absence, on behalf of defendant in error, this court is not required to search the record to find some theory upon which the judgment below may be sustained; but where the brief filed appears reasonably to sustain the assignments of error, the court may reverse the judgment in accordance with the prayer of the petition of the plaintiff in error.

T. L. Turner, for plaintiff in error.

RUMMONS, C.

¶1 Plaintiff in error duly completed, served, and filed his case-made, with petition in error attached, and in due time, and in conformity with the rules of this court, prepared, served, and filed his brief; but the defendant in error has failed to file his brief, or give an excuse for such failure. The brief of plaintiff in error reasonably sustains the assignments of error made by him. This court, not being required to search the records, in the absence of a brief on behalf of defendant in error, for reasons to sustain the judgment of the trial court, may reverse the case upon the brief of the plaintiff in error. The judgment of the court below should therefore be reversed, and this cause remanded, with directions to the trial court to grant plaintiff in error a new trial.

¶2 By the Court: It is so ordered.