CLARKS STATE BANK v. DE WITT.

CLARKS STATE BANK v. DE WITT.
1931 OK 681
4 P.2d 1055
153 Okla. 66
Case Number: 20829
Decided: 11/10/1931
Supreme Court of Oklahoma

CLARKS STATE BANK
v.
DE WITT.

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.

Appeal from District Court, Alfalfa County; J. W. Bird, Judge.

Action by T. R. De Witt against Clarks State Bank. Judgment for plaintiff, and defendant appeals. Reversed and remanded, with directions.

Titus & Hill, for plaintiff in error.
Guy D. Talbot, for defendant in error.

PER CURIAM.

¶1 This is an appeal from the judgment of the district court of Alfalfa county, Okla., in favor of the plaintiff, T. R. DeWitt, and against the defendant, Clarks State Bank, a corporation.

¶2 Plaintiff in error, in due time, and on November 13, 1920, served and filed its brief in full compliance with the rules of this court, but the defendant in error has wholly failed to file answer brief, pleading, or any other instrument in said cause on appeal, within the time provided by the rules of the court, or within any extension of time granted by this court, neither has the defendant in error offered any excuse for his failure to do so.