MCLENNAN v. DEAVER

MCLENNAN v. DEAVER
1936 OK 584
61 P.2d 561
177 Okla. 582
Case Number: 26827
Decided: 10/06/1936
Supreme Court of Oklahoma

McLENNAN
v.
DEAVER

Syllabus

¶0 APPEAL AND ERROR - Reversal - Failure of Defendant in Error to File Brief.
Where 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 his 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 Superior Court, Creek County; C.O. Beaver, Judge.

Action by Ira C. Deaver against W.M. McLennan to quiet title. Judgment for plaintiff, and defendant appeals. Reversed and remanded, with directions.

Chas. R. Rogers, for plaintiff in error.
Cheatham & Smith, for defendant in error.

PER CURIAM.

¶1 The plaintiff in error filed petition in error with case-made attached December 7, 1935, and on January 15, 1936, filed brief, which reasonably supports the allegations of the petition in error. The defendant in error has filed no brief, nor offered any excuse for such failure.

¶2 The cause is, therefore, reversed and remanded, with directions to vacate the default judgment and to file answer and cross-petition of the defendant and to grant a new trial in accordance with the prayer of the petition in error.