MISSOURI PAC. R. CO. v. MOORE

MISSOURI PAC. R. CO. v. MOORE
1934 OK 159
30 P.2d 671
167 Okla. 469
Case Number: 24207
Decided: 03/13/1934
Supreme Court of Oklahoma

MISSOURI PACIFIC R. CO.
v.
MOORE.

Syllabus

¶0 Appeal and Error--Review--Reversal Where no Answer Brief Filed.
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 District Court, Sequoyah County; W. A. Woodruff, Judge.

Action by E. L. Moore against the Missouri Pacific Railroad Company for damages to live stock. From a judgment for the plaintiff, defendant appeals. Reversed and remanded, with directions.

Thos. B. Pryor and W. L. Curtis, for plaintiff in error.
Robert & Bass, for defendant in error.

PER CURIAM.

¶1 On the 6th day of May, 1932, a judgment was rendered in favor of the plaintiff, defendant in error herein, and on the 1st day of November, 1932, plaintiff in error prosecuted its appeal from that judgment, and on the 22nd day of November, 1932, filed its brief herein. The defendant in error has filed no brief herein and has offered no excuse for his failure to do so.