POURRON v. SHULL

POURRON v. SHULL
1931 OK 346
300 P. 385
149 Okla. 281
Case Number: 20120
Decided: 06/16/1931
Supreme Court of Oklahoma

POURRON, County Treas.,
v.
SHULL, Bank Com'r.

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, Grant County; James B. Cullison, Judge.

Action by C. G. Shull, Bank Commissioner, against G. F. Pourron, County Treasurer of Grant County. Judgment for plaintiff, and defendant appeals. Reversed and remanded.

C. M. Earnest, Co. Atty., for plaintiff in error.
Titus & Hill, for defendant in error.

¶1 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.