CLINE v. FOSTER.

CLINE v. FOSTER.
1933 OK 16
18 P.2d 513
161 Okla. 285
Case Number: 22385
Decided: 01/24/1933
Supreme Court of Oklahoma

CLINE
v.
FOSTER

Syllabus

¶0 Appeal and Error--Reversal--Failure to File 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, Cleveland County; Tom P. Pace, Judge.

Action by T. M. Foster against D. E. Cline. Judgment for plaintiff, and defendant appeals. Reversed and remanded, with directions.

Luttrell & Holland, for plaintiff in error.
George Allen, for defendant in error.

PER CURIAM.

¶1 D. E. Cline, defendant below, perfected his appeal May 26, 1931, from a judgment rendered in the trial court, and on September 4, 1931, filed his brief. Defendant in error was granted his last of numerous extensions to file brief April 12, 1932, and has wholly failed to excuse his delay or failure to file brief. Under the rule of City National Bank v. Coatney, 122 Okla. 233, 253 P. 481, and numerous decisions, this court need not search the record to sustain the judgment of the trial court, but where the authorities cited reasonably tend to support the alleged errors, may reverse the case in accordance with the prayer of the petition in error. The case is therefore reversed and remanded, with directions to vacate the judgment for the plaintiff and enter a judgment for the defendant.