MCDONALD v. DOOLEY

MCDONALD v. DOOLEY
1936 OK 555
61 P.2d 190
177 Okla. 507
Case Number: 25902
Decided: 09/29/1936
Supreme Court of Oklahoma

McDONALD
v.
DOOLEY

Syllabus

¶0 APPEAL AND ERROR - REVERSAL - Failure of Defendant in Error to File Brief.
Where the plaintiff in error has served and filed brief in compliance with the rules of court, but the defendant in error has neither filed a brief nor offered any excuse for its failure to do so, this 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; J.T. Dickerson, Judge.

Action by H.J. McDonald against Floyd C. Dooley, Trustee, et al. upon a contract for the purchase of oil. Judgment for defendant, and plaintiff appeals. Reversed and remanded, with directions.

Stanley B. Catlett, for plaintiff in error.
Monnet & Savage, for defendants in error.

PER CURIAM.

¶1 This cause was tried and a judgment rendered for the defendants, denying the application of the plaintiff for a new trial. The plaintiff prosecuted an appeal and filed his petition in error on September 29, 1934, and on June 29, 1935, filed his brief, which reasonably sustains the allegations of his petition in error.

¶2 Defendant in error has filed no brief nor offered any excuse for such failure. The cause is therefore reversed and remanded, with directions to the trial court to grant a new trial.