CLARK v. CUMMINS

CLARK v. CUMMINS
1931 OK 330
300 P. 381
149 Okla. 295
Case Number: 21993
Decided: 06/16/1931
Supreme Court of Oklahoma

CLARK
v.
CUMMINS.

Syllabus

¶0 Appeal and Error--Reversal Where no Answer 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.

Appeal from District Court, Caddo County; Will Linn, Judge.

Action by C. L. Cummins against Charley Clark. Judgment for plaintiff, and defendant appeals. Reversed and remanded, with directions.

Morris & Wilhite, for plaintiff in error.
R. H. Morgan, for defendant in error.

PER CURIAM.

¶1 This is an appeal from a judgment of the district court of Caddo county in an action wherein the plaintiff in error was defendant. Plaintiff in error in due time served and filed his brief in full compliance with the rules of this court, but the defendant in error has wholly failed to file any brief, or to otherwise plead to the merits of the cause in this court, nor has he offered any excuse for his failure to do so.