FAIR v. BURTSCHI

FAIR v. BURTSCHI
1934 OK 156
30 P.2d 684
167 Okla. 469
Case Number: 24166
Decided: 03/13/1934
Supreme Court of Oklahoma

FAIR et al.
v.
BURTSCHI.

Syllabus

¶0 Appeal and Error--Review--Reversal in Absence of Answer Brief.
Where plaintiff in error has served and filed 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, Oklahoma County; R. P. Hill, Judge.

Action by Julius L. Burtschi against V. K. Fair and another to foreclose a chattel mortgage. From an order appointing a receiver and refusing to discharge the same, defendants appeal. Reversed and remanded, with directions.

Gill & Caldwell, for plaintiffs in error.
Geo. E. Swisher, for defendant in error.

PER CURIAM.