SMOCK v. PEERSON

SMOCK v. PEERSON
1931 OK 353
300 P. 405
149 Okla. 292
Case Number: 20896
Decided: 06/16/1931
Supreme Court of Oklahoma

SMOCK
v.
PEERSON.

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 assignment of error, reverse the cause, with directions, in accordance with the prayer of the petition in error.

Appeal from Court of Common Pleas, Tulsa County; Bradford J. Williams, Judge.

Action by R. F. Peerson against Morgan Smock. Judgment for plaintiff, and defendant appeals. Reversed and remanded.

Woodward Westhaver, for plaintiff in error.
Harry Worsham, for defendant in error.

PER CURIAM.

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