CITY OF TULSA v. STROUDAnnotate this Case
CITY OF TULSA v. STROUD
1938 OK 26
75 P.2d 434
181 Okla. 525
Case Number: 27993
Supreme Court of Oklahoma
CITY OF TULSA
¶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 court, and 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, Tulsa County; Floyd E. Staley, Judge.
Action for damages by C. F. Stroud against the City of Tulsa. From a judgment in favor of the plaintiff, the defendant appeals. Judgment reversed and cause remanded, with directions.
H. O. Bland, Milton W. Hardy, and E. M. Gallaher, all of Tulsa, for plaintiff in error.
Chambers & Wortman, of Tulsa, for defendant in error.
¶1 On July 6, 1937, plaintiff in error filed petition in error with case-made attached in this court, and on August 27, 1937, the brief was filed by the plaintiff in error.
¶2 The defendant in error has failed to file any brief or offer any excuse for such failure. The cause is therefore reversed and remanded, with directions to vacate and set aside the order and judgment heretofore rendered for the plaintiff and to grant a new trial. Chapman v. Taylor, 163 Okl. 274, 21 P.2d 1058.