Opinion
No. 26421.
February 4, 1936.
(Syllabus.)
Appeal and Error — Reversal — Failure of Defendant in Error to File Brief.
Where plaintiff in error has served and filed his brief in compliance with the rules of this court, but the defendants in error have neither filed a brief nor offered any excuse for their 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, Jackson County; Frank Mathews, Judge.
Action for injunction by T.D. Akins against Mrs. B.J. Spears and Woodrow Spears, a minor. From a judgment for the defendants, plaintiff appeals. Reversed and remanded with directions.
J.M. Williams and E.E. Gore, for plaintiff in error.
Guy P. Horton, for defendants in error.
The petition in error was filed on the 10 day of June, 1935, and on the second day of October, 1935, plaintiff in error filed his brief. No brief has been filed for the defendants in error nor has any excuse been offered for such failure. Under such circumstances, it is not the duty of the court to search the record for some theory upon which to sustain the judgment, but where the allegations of error are reasonably supported in the brief of the plaintiff in error, the court will reverse the cause in accordance with the prayer of the plaintiff in error.
The cause is reversed and remanded, with directions to grant a new trial.
McNEILL, C. J., and BAYLESS, WELCH, CORN, and GIBSON, JJ., concur.