GIBBINS v. HORR

GIBBINS v. HORR
1934 OK 157
30 P.2d 673
167 Okla. 469
Case Number: 24152
Decided: 03/13/1934
Supreme Court of Oklahoma

GIBBINS
v.
HORR.

Syllabus

Appeal and Error--Review--Failure of Defendant in Error to File Brief--Reversal for New Trial.
Where 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, 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, Beckham, County; John O. Maberry, Judge.

Action by W. O. Horr against H. B. Gibbins. Judgment for plaintiff, and defendant appeals. Reversed and remanded, with directions.

R. N. Linville, for plaintiff in error.
Leo J. Canavan, for defendant in error.

PER CURIAM.

On the 28th day of April, 1932, a judgment was rendered in favor of the plaintiff, defendant in error herein, and on the 10th day of October, 1932, H. B. Gibbins prosecuted his appeal from that judgment, and on the 2nd day of December, 1932, filed his brief herein. The defendant in error has filed no brief and has offered no excuse for his failure to do so.