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Turman v. Ingram

TURMAN Et Al. v. INGRAM

Turman v. Ingram, 150 P. 684 (Okla. 1915)
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
July 13, 1915
Docket
No. 4538
Judges
Brett
Citations
150 P. 68450 Okla. 471915 Okla. LEXIS 377
Disposition
Reversed and remanded.
Syllabus
APPEAL AND ERROR — Failure to File Brief — Reversal. Where defendant in error files no brief, if upon examination of brief of plaintiffs in error and the record plaintiffs in error’s contention is reasonably supported, this court will not search for a theory upon which to affirm the judgment. (Syllabus by Brett, C.)
Summary
Error from District Court, Seminole County; Tom D. McKeown, Judge. Action by Mark Ingram against Thomas Turman and another. Judgment for plaintiff, and defendants bring error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Brett

Opinion by BRETT, C.

This cause was filed in this court November 12, 1912, and on May 21, 1915, plaintiffs in error filed a very elaborate brief. The defendant in error has filed no brief, offered no excuse for not doing so, and has asked for no extension of time in which to file brief. We have examined the brief of plaintiffs ifi error and find the contention of plaintiffs in error reasonably supported by their brief. And it is the settled policy of this court, where such is the case, not to search for a theory upon which the judgment can be affirmed; but, if the plaintiff in error’s brief reasonably sustains his contention, to reverse the judgment.

We therefore recommend that the judgment be reversed, and the cause remanded.

By the Court: It is so ordered.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1916: 11921: 119162026peak 1916 · 1

Relies on it most ⓘ

  1. Board of Com'rs Garvin Co. v. Pyeatt1916 OK 729, 158 P. 1133
  2. Turman v. Ingram1921 OK 360, 202 P. 993

Most recent

  1. Turman v. Ingram1921 OK 360, 202 P. 993
  2. Board of Com'rs Garvin Co. v. Pyeatt1916 OK 729, 158 P. 1133

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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