HORINE v. THOMAS

HORINE v. THOMAS
1937 OK 661
73 P.2d 393
181 Okla. 275
Case Number: 27180
Decided: 11/16/1937
Supreme Court of Oklahoma

HORINE
v.
THOMAS

Syllabus

¶0 APPEAL AND ERROR - Reversal - Failure of Defendant in Error to File Brief.
Where plaintiff in error has served and filed his 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 County Court, Ottawa County; John H. Venable, Judge.

Action in damages for personal injury by Henry Thomas against Huron Horine. From a judgment for the plaintiff, defendant appeals. Reversed and remanded, with directions.

M.C. Rodolf, J.B. Hasten, and Parke Davis, for plaintiff in error.
Commons & Chandler, for defendant in error.

PER CURIAM.

¶1 On the 17th day of October, 1935, a judgment was entered for the plaintiff, from which judgment defendant prosecutes appeal, and on June 20, 1936, filed his 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. We have held that it is not the duty of this court to search the record to find some theory upon which to sustain the judgment of the trial court, and that where the defendant in error has failed to the a brief and the plaintiff in error has presented a brief with authorities which reasonably support the allegations of error, this court will reverse and remand the cause in accordance with the prayer of the petition in error.

¶2 The cause is reversed and remanded, with directions to vacate the judgment for the plaintiff and to enter judgment for the defendant in accordance with the prayer of the petition in error.