# Board of Adjustment of City of Tulsa v. Franklin

> Supreme Court of Oklahoma · November 10, 1953 · 263 P.2d 162

URL: https://www.frixlaw.com/law-library/cases/5143891

## Case

- **Full name:** Board of Adjustment of City of Tulsa v. Franklin.
- **Court:** Supreme Court of Oklahoma
- **Decided:** November 10, 1953
- **Citations:** 263 P.2d 162; 1953 OK 325; 1953 Okla. LEXIS 585
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Neal
- **Judges:** O'Neal
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5143891

## Opinion text

O’NEAL, Justice.
Plaintiff in error, The Board of Adjustment of the City of Tulsa, Oklahoma, appealed from an order entered in favor of Onis Franklin, defendant in error, and on September 15, 1952, filed its brief. The brief and the authorities therein cited reasonably sustain the allegations of plaintiff 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.
The cause is reversed and remanded with directions to the trial court to vacate the judgment entered for the defendant in error and enter judgment for the plaintiff in error in accordance with the prayer of the petition in error.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5143891. Public record. Not legal advice.