Opinion
No. 23390
Opinion Filed May 9, 1933.
(Syllabus.)
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, 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, McIntosh County; Harve L. Melton, Judge.
Action by S.D. Chapman against J.J. Taylor for position of board of education for the outlying territory of School District No. 1. From an adverse judgment, plaintiff appeals. Reversed and remanded, with directions.
Milam M. King, for plaintiff in error.
Clark Jack Nichols, for defendant in error.
A judgment was entered dismissing plaintiff's amended petition for contest over an election, to which judgment plaintiff excepted, and in open court gave notice of intention to appeal, and thereafter on the 29th day of February, 1932, plaintiff in error filed his appeal and on August 29, 1932, briefed the cause. The defendant in error has filed no brief herein and has offered no excuse for his failure to do so.
Upon the authority of State ex rel. Bank Commissioner v. Parrish, 114 Okla. 239, 246 P. 1117, this cause is reversed and remanded, with directions to grant a new trial.