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Bonham v. Parris

BONHAM Et Al. v. PARRIS Et Al.

Bonham v. Parris, 1915 OK 844, 152 P. 451
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
October 19, 1915
Docket
No. 5280
Judges
Bleakmore
Citations
152 P. 4511915 OK 84451 Okla. 7861915 Okla. LEXIS 1085
Disposition
Reversed and remanded.
Syllabus
APPEAL AND ERROR — Scope of Review — Failure to File Brief. Where plaintiff in error has perfected an appeal and in compliance with the rules of this court has filed a brief, and the 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 plaintiff in error or the'rights of the parties. (Syllabus by Bleakmore, O.)
Summary
Error from District Court, Coal County; Jesse M. Hatchett, Judge. Action by V. Bonham and another against Nick Par-ris and another. Judgment for defendants, and plaintiffs 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 — Bleakmore

Opinion by BLEAKMORE, C.

This case presents error from the district court of Coal county. The plaintiffs in error in due time have filed herein their petition in error with case-made attached, and in compliance with the rules of this court have served-and filed their brief. The defendants in error have not served and filed a brief, and have offered no excuse for such failure. Under such circumstances, this court is not required to search the record to find some theory upon which the judgment may be affirmed; 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 plaintiff in error or the rights of the parties.

*787 From an examination of the brief filed we are of opinion that the grounds for reversal therein set forth are well taken. The judgment' of the trial court should therefore be reversed, and the cause remanded.

By the Court: It is so ordered.

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