MOORE v. JEFFERSON

MOORE v. JEFFERSON
1933 OK 440
23 P.2d 693
164 Okla. 270
Case Number: 23643
Decided: 07/12/1933
Supreme Court of Oklahoma

MOORE
v.
JEFFERSON

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 Court of Common Pleas, Tulsa County; Wm. N. Randolph, Judge.

Action by J. L. Moore upon a claim against the estate of Thomas Jefferson; Nettie Jeferson, administratrix. From a partial judgment plaintiff appeals. Reversed and remanded, with directions.

J. S. Severson, for plaintiff in error.
C. E. Baldwin, for defendant in error.

OPINION: PER CURIAM.

¶1 On the 13th day of May, 1932, plaintiff in error filed his petition in error and case-made in this court, and on July 30, 1932, briefed the cause. The defendant in error has filed no brief herein and has offered no excuse for his failure to do so.