ABNER MFG. CO. v. BLACKBURN

ABNER MFG. CO. v. BLACKBURN
1933 OK 289
21 P.2d 1057
163 Okla. 283
Case Number: 23045
Decided: 05/09/1933
Supreme Court of Oklahoma

ABNER MFG. CO.
v.
BLACKBURN

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 petition in error.

Appeal from District Court, Pontotoc County; Orel Busby, Judge.

Action by the Abner Manufacturing Company against Bud Blackburn. Judgment for defendant, and plaintiff appeals. Reversed and remanded, with directions.

McKeown & Green, for plaintiff in error.
Burris & Crawford, for defendant in error.

OPINION: PER CURIAM.

¶1 Plaintiff filed action in the court below for judgment on promissory note. The defendant was granted a judgment, from which action of the court, upon complaint of error, plaintiff appeals.

¶2 Plaintiff filed his case-made in this court November 12, 1932, and on July 6, 1932, filed his brief herein, which reasonably supports his position.