Opinion
No. 23971
May 8, 1934.
(Syllabus.)
Habeas Corpus — Grant of Relief Where Respondent Fails to File Brief.
In an original action in this court, where petitioner has served and filed his brief in compliance with the rules of court, but the respondent has neither filed a brief nor offered any excuse for his failure to do so, the court is not required to search the record for some theory upon which the requested relief may be denied, but may, where the authorities cited in the brief filed, appear reasonably to sustain the position of the petitioner, grant the appropriate relief.
Original action in the Supreme Court by Claude Allen Kimbell against Nettie Kimbell for habeas corpus. Alternative writ made absolute and petitioner discharged.
W.R. Withington, for petitioner.
On application of the petitioner, Claude Allen Kimbell, filed August 15, 1932, this court, acting by the then Chief Justice, E.F. Lester, issued its alternative writ of habeas corpus, directing that Claude Allen Kimbell be brought before the Supreme Court, and the sheriff of Oklahoma county, custodian of said Claude Allen Kimbell, now show cause why he should not be discharged from custody.
The only response to that writ is a penciled notation on the alternative writ signed by the respondent, Stanley Rogers, stating that Claude Allen Kimbell was brought before the court.
No other response has been made, and the petitioner has filed his brief, which reasonably supports the allegations of the petition and the allegation that he is illegally restrained of his liberty.
In the absence of showing to this court further that the said Claude Allen Kimbell is held in legal custody, it is the order of this court that the writ be made absolute and the said Claude Allen Kimbell be permanently discharged from the custody of the said sheriff.