HOBSON v. HALL

HOBSON v. HALL
1954 OK 41
267 P.2d 611
Case Number: 34872
Decided: 02/02/1954
Supreme Court of Oklahoma

Syllabus by the Court

¶0 Where plaintiff in error has served and filed his brief in compliance with the rules of court, and 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 the District Court, Oklahoma County, Glen O. Morris, J.

Gilliland, Withington & Shirk, Oklahoma City, for plaintiff in error.

George W. Gay, Oklahoma City, for defendant in error.

JOHNSON, V.C.J.

¶1 Plaintiff in error, Warren G. Hobson, has appealed from an order overruling motion for a new trial and from a judgment entered in favor of Cleveland C. Hall, defendant in error, on an instructed verdict, and on February 28, 1951, filed his brief. The brief and the authorities therein cited reasonably sustain the allegations of 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 Durham v. Brown, 164 Okl. 139, 24 P.2d 295, 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 court may in its discretion reverse and remand the cause with directions.

¶2 The cause is reversed and remanded, with directions to the trial court to vacate the judgment entered for the plaintiff in the trial court and to sustain the defendant's motion for a new trial.

¶3 HALLEY, C.J., and WELCH, CORN, DAVISON, O'NEAL, WILLIAMS and BLACKBIRD, JJ., concur.