Opinion

Plemmons v. Coffelt

  • 138 Okla. 230
  • 280 P. 814
  • 1929 OK 370
  • 1929 Okla. LEXIS 530
Court
Supreme Court of Oklahoma
Filed
Sep 24, 1929
Status
Published
On the bench
PER CURIAM.
Cited by
0 cases
Authority
More cited than 43.7%

The opinion

PER CURIAM.

This is an appeal from the judgment of the district court of Stephens county in an action wherein plaintiffs in error were plaintiffs. Plaintiffs in error in due time served and filed their briefs in full compliance with the rules of this court, but the defendants in error have wholly failed to file any brief or to otherwise appear in this cause upon the merits of the case, nor have they offered any excuse for their failure to do so.

“Where plaintiff in error has served and filed its brief in compliance with the rules of this court, and the defendant in error has neither filed a brief nor offered any excuse for his failure to do so, this 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, in accordance with the prayer of the petition in error.” City National Bank v. Coatney et al., 122 Okla. 233 , 253 Pac. 481 .

In this ease the petition in error prays that judgment of the trial court denying an injunction be reversed, set aside, and held for naught and that judgment be rendered in favor of plaintiffs in error, and we find, upon examination of the authorities cited by plaintiffs in error, they reasonably support the contention of plaintiffs. We therefore reverse the judgment of the lower court, direct it to vacate its former order and enter judgment in favor of plaintiffs in error.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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