RAGER v. STATE ex rel. TEMPLETON Co. Atty.

RAGER v. STATE ex rel. TEMPLETON Co. Atty.
1928 OK 148
264 P. 822
129 Okla. 290
Case Number: 18469
Decided: 02/28/1928
Supreme Court of Oklahoma

RAGER et al.
v.
STATE ex rel. TEMPLETON, Co. Atty.

Syllabus

¶0 Appeal and Error--Reversal--Failure of Defendant in Error to File Brief.
The syllabus in the case of City National Bank v. Coatney et al., 122 Okla. 233, 253 P. 481, is hereby adopted as the syllabus in this case.

Error from District Court, Osage County; Jesse J. Worten, Judge.

Action between Frank Rager et al. and the State ex rel. Templeton, County Attorney, Osage County, Okla. From the judgment, the former appeal. Reversed and remanded.

Hargis & Yarbrough, for plaintiffs in error.
C. K. Templeton, Co. Atty., for defendant in error.

PER CURIAM.

¶1 This is an appeal from the judgment of the district court of Osage county wherein the plaintiffs in error were defendants below. The plaintiffs in error in due time served and filed their brief in full compliance with the rules of this court, but the defendant in error has wholly failed to file any brief, pleading, or to otherwise appear in this cause on appeal, nor has he offered any ex-excuse for his failure to do so.

"Where plaintiff in error has served and filed its brief in compliance with the rules of this court, and the defendant in error has neither filed a brief nor offered any excuse for his failure to do so, this 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, in accordance with the prayer of the petition in error." City National Bank v. Coatney, 122 Okla. 233, 253 P. 481; Chicago, R. I. & P. Ry. Co. v. Weaver, 67 Okla. 293, 171 P. 34; Lawton National Bank v. Ulrich, 81 Okla. 159, 197 P. 167.