W. T. RAWLEIGH CO. v. CLARK

W. T. RAWLEIGH CO. v. CLARK
1926 OK 1004
251 P. 607
120 Okla. 301
Case Number: 15713
Decided: 12/14/1926
Supreme Court of Oklahoma

W. T. RAWLEIGH CO.
v.
CLARK et al.

Syllabus

¶0 Appeal and Error--Review--Failure of Defendant in Error to File Brief.
Where the plaintiff in error has filed a brief, and the defendant in error has filed none, and has given no excuse for his failure, and upon the examination of the record it appears that the errors assigned are well founded, this court is not required to search for some theory or for some authority that might possibly save the judgment appealed from Walker v. Robinson, 66 Okla. 56, 166 P. 1042.

Commissioners' Opinion, Division No. 4.

Error from District Court, Jackson County; Frank Mathews, Judge.

Action by W. T. Rawleigh Company against J. F. Clark, J.

H. Hudson, J. L. Sumrow, and G. R. Thrush. From judgment for defendants, plaintiff has appealed. Reversed and remanded.

T. M. Robinson, for plaintiff in error.
P. K. Morrill and P. Mounts, for defendants in error.

DICKSON, C.

¶1 This case was tried in the district court of Jackson county on July 12, 1922, resulting in a judgment for the defendant. The plaintiff perfected its appeal to this court by filing its petition in error with case-made attached thereto on April 5, 1924. On January 3, 1925, the plaintiff in error filed its brief. On March 9, 1925, a stipulation was filed in said cause, to the effect that this case be continued pending the final decision in this court of T. J. Sparkman v. W. T. Rawleigh Co. (14284). Said cause was finally disposed of on April 13, 1926, 117 Okla. 235, 245 P. 828.