MISSOURI STATE LIFE INS. CO. v. WILLIS

MISSOURI STATE LIFE INS. CO. v. WILLIS
1933 OK 439
23 P.2d 622
164 Okla. 271
Case Number: 23907
Decided: 07/12/1933
Supreme Court of Oklahoma

MISSOURI STATE LIFE INS. CO.
v.
WILLIS

Syllabus

¶0 Appeal and Error--Reversal Where Defendant in Error Fails 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.

Appeal from District Court, Marshall County; Porter Newman, Judge.

Action by the Missouri State Life Insurance Company against Sid Willis, administrator of estate of Overton Love Willis to establish a deficiency judgment. From a judgment sustaining a demurrer to the petition and dismissing the action, plaintiff appeals. Reversed and remanded, with directions.

Roger L. Stephens, Fred L. Hoyt, Kelley & Grigsby, and F. X. Schlosser, for plaintiff in error.
Geo. E. Rider, for defendant in error.

OPINION: PER CURIAM.

¶1 On the 27th day of July, 1932, plaintiff in error filed herein his petition in error and case-made, and on December 13, 1932, briefed the cause. The defendant in error has filed no brief herein and has offered no excuse for his failure to do so.