O'BRIEN v. CUMMINGS

O'BRIEN v. CUMMINGS
1933 OK 660
27 P.2d 821
167 Okla. 7
Case Number: 23805
Decided: 12/12/1933
Supreme Court of Oklahoma

O'BRIEN
v.
CUMMINGS.

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, and 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, Coal County; P. L. Gassaway, Judge.

Action by Will Cummings against W. J. O'Brien, county treasurer, in mandamus. From a judgment for the plaintiff, defendant appeals. Reversed and remanded, with directions.

James R. Wood, for plaintiff in error.
E. Moore, for defendant in error.

OPINION: PER CURIAM.

¶1 On the 6th day of January, 1932, Will Cummings obtained a judgment in the district court of Coal county, Okla., directing the county treasurer to pay a certain judgment out of the sinking fund, and on the 1st day of July, 1932, the county treasurer filed his petition in error with case-made attached, and on the 10th day of August, 1932, filed a brief in which the assignments of error and the authorities cited reasonably support the contention that the judgment was erroneous.