BROWN v. ROGERS

BROWN v. ROGERS
1933 OK 274
21 P.2d 743
163 Okla. 196
Case Number: 22787
Decided: 05/02/1933
Supreme Court of Oklahoma

BROWN
v.
ROGERS et al.

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 court, but the defendant in error has neither filed a brief nor offered any excuse for his failure to do so, the 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, Washita County; E. L. Mitchell, Judge.

Action by J. A. Brown against Elva Rogers et al. contesting election. Judgment for defendants, and plaintiff appeals. Reversed and remanded, with directions.

Darnell & Larue, for plaintiff in error.
Lockwood Jones, Co. Atty., E. N. Sasseen, and A. R. Ash, for defendants in error.

OPINION: PER CURIAM.