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Butler v. Stinson

Butler v. Stinson, 1910 OK 121, 108 P. 1103
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
May 10, 1910
Docket
No. 424
Judges
Dtjnn, Hayes, Kane, Tuknek, Williams
Citations
108 P. 11031910 OK 12126 Okla. 2161910 Okla. LEXIS 40
Disposition
Keversed and remanded-
Cited by 16
Syllabus
APPEAL -AND ERROR — Reversal—Failure of Defendant in Error to File Brief. Where plaintiff in error has completed his record and filed it in this court, and has served and filed a brief in Compliance with the rules of the court, 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 may be sustained; and, where the brief filed appears reasonably to sustain the assignments of error, the court may reverse the judgment in accordance with the prayer of the petition of plaintiff in error. ■Williams, J., dissenting. (Syllabus by the Court.)
Summary
Error from Bryan Bounty Court; Chas. A. Phillips, Judge. Action between John Butler and Lizzie Stinson. From the judgment, Butler brings 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 — Dtjnn

DTJNN, C. J.

This case presents error from the county court.,of Bryan county. The plaintiff in error duly prepared and filed a petition in error, with a case-made, on September 29, 1908. Thereafter, and on August 3, 1909, .he prepared, served,.and filed a brief in support of his petition in error. No brief has been filed on the part of defendant in error to this date, and no excuse or reason offered for such failure. An inspection of the brief of 'plaintiff in error discloses that it reasonably sustains the assignable error made therein, and on the authority of Reeves & Co. v. Brennan, 106 Pac. 959 , Buckner v. Oklahoma Nat. Bank et al., 106 Pac. 959 , Ellis et al. v. Outler et al., 106 Pac. 957 , and Butler et al. v. McSpadden, 107 Pac. 170 , (all cases reported in 25 Okla.) the judgment is reversed, and the ..cause remanded to the county court of Bryan county.

HAYES, KANE, and' TUKNEK, JJ., concur; WILLIAMS, J., dissents.

How later courts describe this case

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

Cited by 16 cases

View all citing references →
1910: 31912: 31914: 21915: 11916: 21917: 11918: 11923: 319102026peak 1910 · 3

Relies on it most ⓘ

  1. Flanagan v. Davis1910 OK 325, 112 P. 990
  2. Missouri, K. & T. Ry. Co. v. Long1910 OK 348, 112 P. 991
  3. Hassell v. Morgan1910 OK 333, 112 P. 969
  4. Miles v. Bird1914 OK 62, 138 P. 789
  5. Taby v. McMurray1912 OK 75, 120 P. 664
  6. Beaver Et Ux. v. Oklahoma State Loan Co.1912 OK 9, 120 P. 943

Most recent

  1. Bailey v. Smith1923 OK 1018, 220 P. 852
  2. Adams v. Butler1923 OK 597, 218 P. 676
  3. Gordon v. Messer1923 OK 442, 216 P. 913
  4. Bank of Buffalo v. Crouch1918 OK 465, 174 P. 764
  5. Shawnee Fire Ins. Co. v. Beaty1917 OK 306, 166 P. 84
  6. McCaleb v. McKinley1916 OK 442, 156 P. 1166

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.

Authorities cited 4

DepthCaseCited by
Ellis v. Outler, 1910 OK 9, 106 P. 957 121
Butler v. McSpadden, 1910 OK 5, 107 P. 170 48
Buckner v. Okla. Nat'l Bank of Shawnee, 1910 OK 4, 106 P. 959 27
Reeves & Co. v. Brennan, 1910 OK 25, 106 P. 959 21

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