CANTWELL v. McDONALD

CANTWELL v. McDONALD
1945 OK 68
156 P.2d 367
195 Okla. 184
Case Number: 31918
Decided: 02/27/1945
Supreme Court of Oklahoma

CANTWELL
v.
MCDONALD

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 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, Grady County; Will Linn, Judge.

Action for damages by R. S. McDonald against Frank Cantwell and wife. From a judgment for the plaintiff, defendants appeal. Reversed and remanded, with directions.

Melton, McElroy & Vaughn, of Chickasha, for plaintiffs in error.
Hatcher & Bond, of Chickasha, for defendant in error.

PER CURIAM.

¶1 Defendants have appealed from a judgment entered against them in the trial court, and on the 4th day of October, 1944, filed their 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 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 judgment entered for the plaintiff and enter judgment for the defendants.

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