OSBORNE v. OSBORNE

OSBORNE v. OSBORNE
1933 OK 306
21 P.2d 1056
163 Okla. 273
Case Number: 23472
Decided: 05/09/1933
Supreme Court of Oklahoma

OSBORNE
v.
OSBORNE

Syllabus

¶0 Appeal and Error--Reversal--Failure of Defendant in Error to File Brief.
Where plaintiff in error has served and filed brief, 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.

Appeal from Superior Court, Creek County; C. O. Beaver, Judge.

Action by O. F. Osborne against John Osborne. Judgment for plaintiff, and defendant appeals. Reversed and remanded, with directions.

Walker & Lewis, for plaintiff in error.
Johnson & Jones, for defendant in error.

OPINION: PER CURIAM.

¶1 On the 14th day of August, 1931, judgment was rendered for the plaintiff in a partnership accounting contest, and the defendant appeals to this court and has filed a brief which reasonably supports the theory of the appeal.