MILLER v. MILLER

MILLER v. MILLER
1944 OK 193
148 P.2d 168
194 Okla. 150
Case Number: 31667
Decided: 04/25/1944
Supreme Court of Oklahoma

MILLER et al.
v.
MILLER

Syllabus

¶0 APPEAL AND ERROR--Failure of defendant in error to file brief-Reversal.
Where plaintiffs in error have served and filed brief, but 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, Choctaw County; Geo. R. Childers, Judge.

Proceeding for custody of child, Jerry Annette Miller, by C. D. Miller and wife against Merry Junior Miller. From an adverse judgment, C. D. Miller and wife appeal. Reversed and remanded, with directions.

Hal Welch and James G. Welch, both of Hugo, for plaintiffs in error.
G. M. Barrett, of Hugo, for defendant in error.

PER CURIAM.

¶1 Plaintiffs in error have appealed from an adverse judgment, and on the 26th day of November, 1943, filed their brief in support of the allegations in the petition *in error. The authorities therein cited reasonably sustain the allegations of error. The defendant has filed no brief and has offered no excuse for such failure. Under such circumstances, as stated in Gooldy v. Hines, 186 Okla. 583, 99 P.2d 498, 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, but the cause may be reversed and remanded, with directions.

¶2 The cause is reversed and remanded, with directions to vacate the order sustaining the plea to the jurisdiction of the trial court and to proceed to hear and determine the cause.

¶3 GIBSON, V.C.J., and RILEY, OSBORN, HURST, and ARNOLD, JJ., concur.