Peoria Life Ins. Co. v. Edwards

Full title: PEORIA LIFE INSURANCE CO. v. EDWARDS et al

Court: Supreme Court of Oklahoma

Date published: May 9, 1933

21 P.2d 1058 (Okla. 1933)

21 P.2d 1058

Opinion

No. 23583

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, Atoka County; P.L. Gassaway, Judge.

Action by the Peoria Life Insurance Company against Henry Edwards et al. From an order and judgment directing the satisfaction of deficiency judgment, plaintiff appeals. Reversed and remanded, with directions.

C.C. Hatchett, for plaintiff in error.

Walter M. Rainey, for defendants in error.

PER CURIAM.

On the 18th day of March, 1931, the district court of Atoka county entered its order foreclosing certain mortgage, and thereafter a sale was had of the premises involved in the action, and on the 14th day of December, 1931, the court confirmed the sale and at the same time entered an order sustaining the motion of defendants in error herein directing the satisfaction of a deficiency judgment in favor of the plaintiff without the payment thereof, without any showing being made that the said judgment was illegally and irregularly obtained or should otherwise be actually satisfied. The appeal was filed herein April 27, 1932, and thereafter, on May 9, 1932, brief was filed by the appellant, and the defendants in error have failed to file any brief or excuse their delay.

Under the opinion of this court many times announced, this cause is, therefore, reversed and remanded, with directions to the trial court to vacate its order satisfying the judgment of the plaintiff herein and to enter such order as will preserve their rights and in accordance with the prayer of the petition in error.