Abraham v. Byrd

Supreme Court of Oklahoma

Abraham v. Byrd

1915 OK 478, 149 P. 1147, 48 Okla. 449, 1915 Okla. LEXIS 652

CourtSupreme Court of Oklahoma

DecidedJune 15, 1915

Docket4618

StatusPublished

This text of 1915 OK 478 (Abraham v. Byrd) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Abraham v. Byrd, 1915 OK 478, 149 P. 1147, 48 Okla. 449, 1915 Okla. LEXIS 652 (Okla. 1915).

Pincite

Opinion

Opinion by

DUDLEY, C.

This is an appeal from the county court of Creek county. There was judgment for defendant in error, from which the plaintiff in error has properly perfected an appeal to this court. He has served and filed a brief in compliance with the rules of this court, and- defendant in error has neither filed a brief nor *450 offered any excuse for his failure to do so. We have examined the record, and the brief filed appears reasonably to sustain the assignments of error, and under the numerous authorities of this court, this court is not required to search the record to find some theory, upon which the judgment may be sustained, but may reverse the judgment in accordance with the prayer of the peti-. tion of plaintiff in error.

The judgment is, therefore, reversed and, remanded.

By the Court: It is so ordered.

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Opinion by

DUDLEY, C.

This is an appeal from the county court of Creek county. There was judgment for defendant in error, from which the plaintiff in error has properly perfected an appeal to this court. He has served and filed a brief in compliance with the rules of this court, and- defendant in error has neither filed a brief nor *450 offered any excuse for his failure to do so. We have examined the record, and the brief filed appears reasonably to sustain the assignments of error, and under the numerous authorities of this court, this court is not required to search the record to find some theory, upon which the judgment may be sustained, but may reverse the judgment in accordance with the prayer of the peti-. tion of plaintiff in error.

The judgment is, therefore, reversed and, remanded.

By the Court: It is so ordered.

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Bluebook (online)

1915 OK 478, 149 P. 1147, 48 Okla. 449, 1915 Okla. LEXIS 652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abraham-v-byrd-okla-1915.