GULF PROD. CORP. v. ELMORE

GULF PROD. CORP. v. ELMORE
1936 OK 114
54 P.2d 352
175 Okla. 621
Case Number: 26371
Decided: 02/04/1936
Supreme Court of Oklahoma

GULF PRODUCTION CORP.
v.
ELMORE

Syllabus

¶0 APPEAL AND ERROR - REVERSAL - Failure of Defendant in Error to File Brief.
Where plaintiff in error has served and filed its brief in compliance with the rules of this 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 Court of Common Pleas, Oklahoma County; L.V. Reid, Judge.

Action for labor performed by J.L. Elmore against the Gulf Production Corporation. From a judgment for the plaintiff, defendant appeals. Reversed and remanded, with directions.

Arthur H. Dolman, for plaintiff in error.
Aiden E. Allen, for defendant in error.

PER CURIAM.

¶1 The petition in error was filed May 23, 1935, and on July 26, 1935, the plaintiff in error filed its brief. No brief has been filed for the defendant in error or has any excuse been offered for such failure. Under such circumstances, it is not the duty of the court to search the record for some theory upon which to sustain the judgment, but where the allegations of error are reasonably supported in the brief of plaintiff in error, the court may reverse the cause in accordance with the prayer of the plaintiff in error.

¶2 The cause is reversed and remained, with directions to vacate the judgment entered and enter judgment for the defendant.