DOUGLAS v. MATHERLY

DOUGLAS v. MATHERLY
1933 OK 297
21 P.2d 1059
163 Okla. 283
Case Number: 22867
Decided: 05/09/1933
Supreme Court of Oklahoma

DOUGLAS
v.
MATHERLY

Syllabus

¶0 Appeal and Error--Reversal--Failure of Defendant in Error to File Brief.
Where plaintiff in error has served and filed 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, Creek County; J. Harvey Smith, Judge.

Action by Alice M. Douglas and Irene Taylor against H. G. Matherly. Judgment for defendant, and plaintiffs appeal. Reversed and remanded, with directions.

John L. Maynard, for plaintiffs in error.
T. L. Blakemore, for defendant in error.

OPINION: PER CURIAM.