PEPPERS v. CITY OF ENID

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PEPPERS v. CITY OF ENID
1943 OK 180
141 P.2d 82
192 Okla. 418
Case Number: 30344
Decided: 05/11/1943
Supreme Court of Oklahoma

PEPPERS
v.
CITY OF ENID et al.

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, 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, Garfield County; O. C. Wybrant, Judge.

Proceedings in injunction, by C. C. Peppers against the City of Enid et al. From a judgment for the defendants, plaintiff appeals. Reversed and remanded, with directions.

Elam & Cowley, of Enid, for plaintiff in error.
Geo. Howard Wilson, City Atty., of Enid, for defendants in error.

PER CURIAM.

¶1 The plaintiff in error has appealed from an order of the trial court denying an injunction against enforcement of a city ordinance of the city of Enid. On the 30th day of September, 1941, he filed his brief and the authorities therein reasonably sustain the allegations of error. No brief has been filed by the defendants in error and no excuse given for the failure to do so. Under such circumstances, as stated in State ex rel. Commissioners of the Land Office v. Schiffner, 188 Okla. 49, 105 P.2d 1041, it is not the duty of this court to search the record for some theory upon which to sustain the judgment of the trial court.

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

¶3 CORN, C. J., GIBSON, V. C. J., and OSBORN, BAYLESS, HURST, DAVISON, and JJ., concur. RILEY and WELCH, JJ., absent.

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