HAYNES v. BOARD OF TRUSTEES OF ANTLERS

HAYNES v. BOARD OF TRUSTEES OF ANTLERS
1943 OK 189
137 P.2d 573
192 Okla. 494
Case Number: 31030
Decided: 05/18/1943
Supreme Court of Oklahoma

HAYNES
v.
BOARD OF TRUSTEES OF TOWN OF ANTLERS

Syllabus

¶0 APPEAL AND ERROR--Reversal--Failure of defendant in error to file brief.
Where plaintiff in error has served and filed brief, but the defendant in error has neither filed a brief nor offered any excuse for its 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, Pushmataha County; George R. Childers, Judge.

Action for mandamus by the Board of Trustees of the Town of Antlers against Wayne Haynes. From a judgment for the plaintiff, defendant appeals. Reversed and remanded, with directions.

R. H. Stanley, of Hugo, for plaintiff in error.
F. L. WELCH, of Antlers, for defendant in error.

PER CURIAM.

¶1 Plaintiff in error has appealed from a judgment entered against him, and on September 3, 1942, duly filed his brief. The authorities therein cited reasonably sustain the allegations of error. The defendant in error has filed no brief and has offered no excuse for such failure. Under such circumstances, as stated in Osborne v. Osborne, 163 Okla. 273, 21 P.2d 1056, it is not the duty of this court to search the record for some theory upon which to sustain the action of the trial court.

¶2 The cause is reversed and remanded, with directions to vacate the judgment for the plaintiff and enter judgment for the defendant.

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