JOHNSON v. ESCHBACH

JOHNSON v. ESCHBACH
1940 OK 132
100 P.2d 443
186 Okla. 713
Case Number: 27778
Decided: 03/19/1940
Supreme Court of Oklahoma

JOHNSON, Bank Com'r, et al.
v.
ESCHBACH, Ex'r, et al.

Syllabus

¶0 APPEAL AND ERROR--Failure of defendant in error to file brief--Reversal.
Where plaintiffs in error have served and filed their brief in compliance with the rules of court, and the defendants in error have neither filed a brief nor offered any excuse for their 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, Carter County; John B. Ogden, Judge.

Action to foreclose a mortgage by Jesse E. Eschbach, executor, et al. From a judgment for plaintiffs, defendant Howard C. Johnson, Bank Commissioner of the State of Oklahoma, appeals. Reversed and remanded with directions.

Houston E. Hill, of Oklahoma City, for plaintiffs in error.
R. A. Howard, of Ardmore, for defendants in error.

PER CURIAM

¶1 On March 1, 1937, plaintiff in error filed case-made with petition in error attached in this court, and on February 1, 1938, the brief of plaintiff in error was filed.

¶2 The defendants in error have 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, this cause is reversed and remanded, with directions to grant a new trial.