CO-OPERATIVE PUBL. CO. v. LOUTHAN

CO-OPERATIVE PUBL. CO. v. LOUTHAN
1934 OK 155
31 P.2d 121
167 Okla. 576
Case Number: 22656
Decided: 03/13/1934
Supreme Court of Oklahoma

CO-OPERATIVE PUBLISHING CO.
v.
LOUTHAN et al.

Syllabus

¶0 Appeal and Error--Review--Failure of Defendant in Error to File Brief--Reversal for New Trial.
Where the plaintiff in error has served and filed brief, and the defendant in error has failed to do so or offer any excuse for such failure, and the authorities in the brief, together with the record, reasonably support a reversal of the cause, this court may, at its discretion, reverse the cause with directions to grant a new trial. Chicago, R. I. & P. Ry. Co. v. Weaver, 67 Okla. 293, 171 P. 34; State ex rel. v. Parrish, 114 Okla. 239, 246 P. 1117.

Appeal from District Court, Woods County; Arthur G. Sutton, Judge.

Action by the Co-Operative Publishing Company against G. W. Louthan and another upon a contract. From the judgment for the defendants, plaintiff appeals. Reversed and remanded, with directions.

L. Z. Lasley, for plaintiff in error.
Gus Hadwiger and Robt. L. Hadwiger, for defendants in error.

PER CURIAM.

¶1 On the 29th day of July, 1931, plaintiff in error prosecuted this appeal from a verdict in favor of the defendants and the order overruling the motion for new trial thereafter. On the 19th day of October, 1932, plaintiff in error filed its brief. The defendants in error have filed no brief herein, and have offered no excuse for their failure to do so.