Opinion
No. 23765
Opinion Filed July 12, 1933.
(Syllabus.)
Appeal and Error — Reversal Where Defendant in Error Fails to File Brief.
Where plaintiff in error has served and filed its brief in compliance with the rules of court, 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 District Court, Tulsa County; Harry L.S. Halley, Judge.
Action by N.T. Clark, administrator of the estate of Monroe Clark, against J. A. Cline et al. From order granting a new trial, defendants appeal. Reversed and remanded, with directions.
Sam A. Neely, D.F. Rainey, and D.F. McMahon, for plaintiffs in error.
Henry M. Gray and Ralsa F. Morley, for defendant in error.
The plaintiffs in error filed petition in error and case-made in this court June 14, 1932, and on July 15, 1932, briefed the cause. The defendant in error has filed no brief herein and offered no excuse for his failure to do so.
Upon the authority of Chapman v. Taylor, 163 Okla. 274, 21 P.2d 1058, this cause is reversed and remanded, with directions to the trial court to vacate the order granting a new trial in cause No. 51253, and that the order of the district court heretofore made consolidating the causes of action be made absolute and final, and that the judgment of the court heretofore rendered in said consolidated causes be made absolute and final in accordance with the prayer of the petition in error.