CITY OF HARTSHORNE v. STATE ex rel. WILSON

CITY OF HARTSHORNE v. STATE ex rel. WILSON
1952 OK 349
249 P.2d 422
207 Okla 304
Case Number: 34359
Decided: 10/21/1952
Supreme Court of Oklahoma

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 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 cited authorities in the brief filed appear reasonably to sustain the assignments of error, reverse the cause, with directions.

Appeal from District Court, McClain County; Justin Hinshaw, Judge.

Action by the State of Oklahoma ex rel. Ray G. Wilson, County Attorney of McClain County, against City of Hartshorne, a municipal corporation, and J.E. Layden, Trustee. From a judgment for plaintiff, defendants appeal. Reversed and remanded, with directions.

B.S. Null, City Atty., Hartshorne, for plaintiffs in error.

Ray G. Wilson, Co. Atty., Purcell, for defendant in error.

HALLEY, V.C.J.

¶1 This State of Oklahoma on relation of Ray G. Wilson brought this action for escheat against the city of Hartshorne, Oklahoma, and joined J.E. Layden as trustee. A judgment was entered for the plaintiff, and the defendants have appealed.

¶2 On February 3, 1950, the brief of plaintiffs in error was filed and the authorities therein cited reasonably support the allegations of error presented in the petition in error. The defendant in error has filed no brief and has offered no excuse for such failure. Under such circumstances, as held by this court 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 judgment of the trial court, but this court may reverse and remand the cause, with directions.

¶3 The cause is therefore reversed and remanded, with directions to the trial court to set aside the judgment for plaintiff and enter judgment dismissing the action.

¶4 WELCH, CORN, GIBSON, and JOHNSON, JJ., concur.