Durham v. Brown

• Court: Oklahoma Supreme Court
• Writing for the Court: PER CURIAM.
• Citation: Durham v. Brown, 24 P.2d 295, 164 Okla. 139, 1933 OK 396 (Okla. 1933)
• Decision Date: 20 June 1933
• Docket Number: Case Number: 22267
• Parties: DURHAM v. BROWN

1933 OK 396

24 P.2d 295

164 Okla. 139

DURHAM v. BROWN

Case Number: 22267

Supreme Court of Oklahoma

Decided: June 20, 1933

Syllabus

¶0 Appeal and Error--Reversal--Failure of Defendant in Error to File Brief.

Where plaintiff in error has served and filed its 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 District Court, Oklahoma County; Lucius Babcock, Judge.

Action by M. E. Durham et al. against Adelbert Brown et al. to recover money Judgment for funds held by the City Audit Company. From a judgment for the defendants, plaintiffs appeal. Reversed and remanded, with directions.

Armstrong & Murphy and Sam Gill, for plaintiffs in error.

A. M. Beets, D. T. McConnell, Adelbert Brown, and Lewis R. Morris, Co. Atty., for defendants in error.

OPINION: PER CURIAM.

¶1 On April 7, 1931, plaintiff in error filed case-made with petition in error in this court, and on November 3, 1931, the brief was filed by plaintiff in error.

¶2 The defendants in error have failed to file any brief or offer any excuse for...