MAYES v. FLOURNOY

MAYES v. FLOURNOY
1954 OK 325
277 P.2d 130
Case Number: 36389
Decided: 11/23/1954
Supreme Court of Oklahoma

C.D. MAYES ET AL., PLAINTIFF IN ERROR,
v.
VERNON FLOURNOY, DEFENDANT IN ERROR.

Syllabus by the Court

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

Appeal from the District Court, Cherokee County, E.G. Carroll, J.

Miller & Miller, Tahlequah, for plaintiffs in error.

C.F. Bliss, Jr., Tahlequah, for defendant in error.

CORN, J.

¶1 The defendants below, C.D. Mayes et al., have appealed from a judgment entered in favor of plaintiff, Vernon Flournoy and on April 27, 1954, filed their brief. The authorities cited therein reasonably sustain the allegations of error. The plaintiff below has filed no brief and has offered no excuse for such failure. Under such circumstances as stated in Osborne v. Osborne, 163 Okl. 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 judgment but the same may be vacated with directions.

¶2 The cause is reversed and remanded to the trial court with directions to vacate the judgment entered for plaintiff and to enter judgment for defendants.