STITH v. PRYOR

STITH v. PRYOR
1934 OK 161
30 P.2d 689
167 Okla. 471
Case Number: 24074
Decided: 03/13/1934
Supreme Court of Oklahoma

STITH
v.
PRYOR.

Syllabus

¶0 Appeal and Error--Review--Reversal in Absence of Answer Brief.
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, Osage County; Jesse J. Worten, Judge.

Decree of the county court appealed to the district court and tried de novo in the matter of the guardianship of John Pryor. From adverse judgment, L. R. Stith appeals. Reversed and remanded, with directions.

D. E. Johnson and F. E. Chappell, for plaintiff in error.
L. N. Stivers, for defendant in error.

PER CURIAM.

¶1 On September 10, 1932, this proceeding in error was commenced by the filing of a petition in error with case-made attached complaining of a judgment rendered wherein L. R. Stith was plaintiff, appellant from a proceeding of Osage county court, and said John Pryor was defendant and appellee.