RODECKER v. LONG

RODECKER v. LONG
1948 OK 219
198 P.2d 638
200 Okla. 595
Case Number: 33042
Decided: 10/12/1948
Supreme Court of Oklahoma

Syllabus

¶0 APPEAL AND ERROR - Failure of defendants in error to file brief - Cause reversed.
Where plaintiff in error has served and filed brief, but the defendants in error have neither filed 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, Tulsa County; Leslie Webb, Judge.

Action by Wm. Long et al. against Della Rodecker for injunctive relief. From an order granting an injunction in favor of plaintiffs, defendant appeals. Reversed and remanded, with directions.

Leslie W. Lisle, of Tulsa, for plaintiff in error.

Joe W. Simpson, of Tulsa, for defendants in error.

PER CURIAM.

¶1 Defendant has appealed from a judgment entered against her in the trial court. On May 5, 1947, she filed her brief. The authorities therein cited reasonably sustain the allegations of error. The defendants in error have filed no brief and have 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, but the cause will be reversed.

¶2 Reversed for a new trial.

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