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In re Jones' Adoption

In Re Jones' Adoption.

In re Jones' Adoption, 1947 OK 313, 185 P.2d 911
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
October 21, 1947
Docket
No. 32982
Judges
Hurst, Davison, Riley, Bayless, Welch, Corn, Gibson, Luttrell
Citations
185 P.2d 9111947 OK 313199 Okla. 2831947 Okla. LEXIS 690
Syllabus
(Syllabus.) APPEAL AND ERROR — Failure of defendant in error to file brief — Reversal. Where plaintiff in error has served and filed brief, 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.

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

Opinion of the Court

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PER CURIAM.

Plaintiff has appealed from a judgment entered against him in the trial court. On March 6, 1947, he filed his brief. The authorities therein cited reasonably sustain the allegations of error. Defendant has filed no brief and has offered no excuse for such failure. Under such circumstances, as stated in Durham v. Brown, 164 Okla. 139 , 24 P. 2d 295 , it is not the duty of this court to search the record for some theory upon which to sustain the action of the trial court, but this court may reverse and remand the cause, with directions.

The cause is reversed and remanded, with directions to the trial court to vacate the judgment rendered for the defendant and enter judgment for the plaintiff, to set aside the adoption proceedings.

HURST, C.J., DAVISON, V.C.J., and RILEY, BAYLESS, WELCH, CORN, GIBSON, and LUTTRELL, JJ., concur.

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Cited by 0 cases

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Authorities cited 1

DepthCaseCited by
Durham v. Brown, 1933 OK 396, 24 P.2d 295 11

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