BLACKWELL v. DULING

BLACKWELL v. DULING
1937 OK 27
64 P.2d 712
179 Okla. 85
Case Number: 26578
Decided: 01/26/1937
Supreme Court of Oklahoma

BLACKWELL
v.
DULING.

Syllabus

¶0 APPEAL AND ERROR
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 District Court, Okfuskee County; Arthur Cochran, Judge.

Action by S. A. Duling against V. L. Blackwell. From an order granting a temporary injunction, the defendant appeals. Reversed and remanded with directions.

C. E. Wilson, of Wetumka, and Sid White, of Oklahoma City, for plaintiff in error.
Martin L. Frerichs and S. A. Duling, both of Okemah, for defendant in error.

PER CURIAM.

¶1 On the 29th day of August, 1935, plaintiff in error filed his petition in error with case-made attached and on October 28, 1935, filed a brief which reasonably supports the allegations in the petition in error. No brief has been filed by the defendant in error, nor has any excuse been offered for such failure. Under such circumstances, we have held that it is not the duty of this court to examine the cause further. The cause is therefore reversed and remanded with directions to vacate the order entered for the plaintiff and to enter judgment for the defendant denying the injunction and dismissing the cause.