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Wade v. Day

Wade v. Day, 1916 OK 1888, 162 P. 454
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
February 15, 1916
Docket
No. 6074
Judges
Watts
Citations
162 P. 4541916 OK 188855 Okla. 5721916 Okla. LEXIS 193
Disposition
Reversed.
Syllabus
APPEAL AND ERROR — Briefs—Rules of Court — Reversal. Where plaintiff in error -lias filed proper brief sustaining bis assignment of error and defendant in error has neither filed a brief nor offered any excuse for such failure, 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 reverse the judgment in accordance • with the prayer of the petition in , error. (Syllabus by Watts, O.)
Summary
Error from District Court, Nowata County; T. L. Brown, Judge. Action by Harvey E. Wade against Lena Day. Judgment for defendant.

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

Opinion of the Court — Watts

Opinion by WATTS, C.

This case comes from the district court-of Nowata county, where the plaintiff in error, plaintiff below, sued the defendant in error, defendant beiow. From a judgment rendered on the 6th day of September, 1918, in favor of defendant, plaintiff appeals. The record was filed in this court on the 20th day of February, 1914. Plaintiff in error filed briefs September 1, 1915. The defendant in error having failed to file brief and not having sought extension of time in which to file same, the case now being ready for consideration by. this court, and the contentions contained in plaintiff in error’s brief appearing to be reasonably well taken, the judgment will be reversed.

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.

1926: 119262026peak 1926 · 1

Relies on it most ⓘ

  1. Central Nat. Oil Co. v. Continental Supply Co.1926 OK 677, 249 P. 347

Most recent

  1. Central Nat. Oil Co. v. Continental Supply Co.1926 OK 677, 249 P. 347

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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