MANLEY v. JOHNSON

MANLEY v. JOHNSON
1934 OK 250
168 P.2d 143
Case Number: 25025
Decided: 04/24/1934
Supreme Court of Oklahoma

MANLEY et al.
v.
JOHNSON.

Syllabus

¶0 Appeal and Error--Reversal in Absence of Brief by Defendant in Error.
Where plaintiff ill 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, Oklahoma County; R. P. Hill, Judge.

Action by Lillie M. Johnson against H. I. Manley and others. Judgment for plaintiff, and defendants appeal. Reversed and remanded, with directions.

J. Hugh Turner, for plaintiffs in error.
McCaffrey & Scanland, for defendants in error.

PER CURIAM.

¶1 On the 24th day of June, 1930, plaintiff, Lillie M. Johnson, filed her petition in the district court of Oklahoma county praying for the cancellation of certain royalty contracts entered into with the defendants, and on the 29th day of July. 1932, judgment was entered by the court canceling the royalty contracts. An appeal was taken from the order overruling the motion for new trial, and the case-ready and petition in error were filed in this court September 16, 1933. On the 29th day of December. 1933, plaintiffs in error filed brief which reasonably supports the allegations of error complained of.