BRUNER v. NADEN

BRUNER v. NADEN
1934 OK 309
32 P.2d 869
168 Okla. 287
Case Number: 24673
Decided: 05/22/1934
Supreme Court of Oklahoma

BRUNER et al.
v.
NADEN.

Syllabus

¶0 Appeal and Error--Reversal of Cause 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, Oklahoma County; George W. Clark, Judge.

Action by Martha E. Naden against Paul J. Bruner et al., upon a note and foreclosure of a mortgage. From an order overruling motion to vacate a default judgment, defendants named appeal. Reversed and remanded, with directions.

Gill & Caldwell, for plaintiffs in error.
I. L. Harris, for defendant in error.

PER CURIAM.

¶1 A default judgment was rendered for the plaintiff against the defendants named. A motion was made to set aside default judgment, which was by the court denied. On the 6th day of May, 1933, plaintiff in error filed petition in error with transcript attached, and on the 1st day of July, 1933, fled a brief which reasonably supports the allegations of error complained of. The defendant in error has failed to file a brief, and has offered no excuse for such failure.

¶2 The court has repeatedly held that it is not the duty of the court to search the record for some theory upon which to sustain the action of the trial court, but where defendant in error has failed to brief, this court may reverse and remand the cause, with directions. Moore v. Jefferson, 164 Okla. 270, 23 P.2d 693; Chapman v. Taylor, 163 Okla. 274, 21 P.2d 1058; Missouri State Life Ins. Co. v. Willis, 164 Okla. 271, 23 P.2d 622; Peoria Life Ins. Co. v. Edwards, 163 Okla. 275, 21 P.2d 1058.