GUARDIANSHIP OF MADDOX

GUARDIANSHIP OF MADDOX
1953 OK 53
253 P.2d 1075
208 Okla 141
Case Number: 34546
Decided: 02/24/1953
Supreme Court of Oklahoma

Syllabus

¶0 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, Bryan County; Sam Sullivan, Judge.

E.F. Coon, former guardian of the Estate of Redmond P. Maddox, filed his final accounting whereupon it was contested by the acting guardian, L.L. Smithson. A judgment was entered against E.F. Coon, and he appeals. Reversed and remanded, with directions.

John Allen Phillips, II, Durant, for plaintiff in error.

Porter Newman, Durant, for defendant in error.

BLACKBIRD, J.

¶1 The plaintiff in error has appealed from a judgment entered against him in the trial court and on the 15th day of April, 1950, he filed his brief. The authorities in the brief 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 defendant in error and grant a new trial.

¶3 HALLEY, C.J., JOHNSON, V.C.J., and WELCH, CORN, ARNOLD, O'NEAL, and WILLIAMS, JJ., concur.