GARY v. STATE ex rel. CLARK

GARY v. STATE ex rel. CLARK
1938 OK 110
76 P.2d 897
182 Okla. 107
Case Number: 27322
Decided: 02/21/1938
Supreme Court of Oklahoma

GARY, Mayor, et al.
v.
STATE ex rel. CLARK, County Atty.

Syllabus

¶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 District Court, Ottawa County; Ad V. Coppedge, Judge.

Action by the State ex rel. A. Clark, County Attorney, to remove Fred Gary, Mayor of City of Picher, and members of city council. From an order overruling the demurrer to complaint, defendants appeal. Reversed and remanded, with directions.

J. J. Smith, for plaintiffs in error.
A. Clark, County Atty., N. C. Barry, Asst. County Atty., D. J. Cotten, Asst. County Atty., and E. G. Avery, for defendant in error.

PER CURIAM.

¶1 On July 15, 1936, plaintiffs in error filed case-made with petition in error attached, and on October 9, 1936, brief of plaintiffs in error was filed.

¶2 The defendant in error has failed to file any brief or offer any excuse for such failure. Upon the authority of City of Oklahoma City v. Blondin, 163 Okla. 276, 21 P.2d 1053, the cause is reversed and remanded, with directions to vacate the order overruling the demurrer to the action and to dismiss the proceedings.