HAWLEY v. TOLBOT

HAWLEY v. TOLBOT
1930 OK 406
291 P. 962
145 Okla. 38
Case Number: 20072
Decided: 09/16/1930
Supreme Court of Oklahoma

HAWLEY et al.
v.
TOLBOT et al.

Syllabus

¶0 Appeal and Error--Reversal--Failure of Defendant in Error to File Brief.
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.

Error from District Court, Tulsa County; R. D. Hudson, Judge.

Action by E. A. Hawley et al. against R. W. Tolbot et al. Judgment for defendants, and plaintiffs appeal. Reversed and remanded.

Humphrey & Campbell and Henshaw & Hough, for plaintiffs in error.
N.E. McNeill, for defendants in error.

PER CURIAM.

¶1 This appeal is from a judgment of the district court of Tulsa county; plaintiffs in error were plaintiffs below.

¶2 Plaintiffs in error in due time served and filed their briefs in full compliance with the rules of the court, but the defendants in error have wholly failed to file any brief, pleading, or to otherwise appear in this cause upon the merits of the case, nor have they offered any excuse for their failure to do so.