Opinion

Causey v. Brown

  • 131 Okla. 154
  • 267 P. 835
  • 1928 OK 139
  • 1928 Okla. LEXIS 599
Court
Supreme Court of Oklahoma
Filed
Feb 28, 1928
Status
Published
On the bench
PER CURIAM.
Cited by
0 cases
Authority
More cited than 0.2%

The opinion

PER CURIAM.

This is an appeal from the judgment of the district court of McCurtain county wherein plaintiff in error was plaintiff below.

Plaintiff in error in .due time served and filed his brief in full compliance with the rules of this court, but the defendants in error have wholly failed to file any brief, pleading or otherwise appear in this cause on appeal, 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

*155

ñas 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, 122 Okla. 233 , 254 Pac. 481 ; Chicago, R. I. & P. Ry. Co. v. Weaver, 67 Okla. 293 , 171 Pac. 34 ; Lawton National Bank v. Ulrich, 81 Okla. 159 , 197 Pac. 167 .

In this case the petition in error prays that the judgment rendered in the trial court be reversed, set aside, and held for naught and judgment be rendered in favor of the plaintiff in error and against the defendants in error, and we find, upon examination of the authorities cited by plaintiff in error, they reasonably support the contention of plaintiff in error, that the judgment of the trial court should be reversed, and we therefore reverse the judgment of the trial court and direct it to vacate its former judgment and to grant a new trial in -said cause.

Note. — See 3 C. J. p. 1447, §1607.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.