Bass v. Starnes

Supreme Court of Oklahoma

Bass v. Starnes

1924 OK 664, 228 P. 947, 102 Okla. 175, 1924 Okla. LEXIS 162

CourtSupreme Court of Oklahoma

DecidedSeptember 9, 1924

Docket14638

StatusPublished

This text of 1924 OK 664 (Bass v. Starnes) 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

Bass v. Starnes, 1924 OK 664, 228 P. 947, 102 Okla. 175, 1924 Okla. LEXIS 162 (Okla. 1924).

Pincite

Opinion

GORDON, J.

This is an appeal from the district court of Okmulgee county. In the trial court defendant recovered judgment against the plaintiff, and plaintiff brings error. The record was filed in this court on August 28, 1923, and the brief of plaintiff in error was filed on November 13, 1923. Defendant in error has filed no brief, although the time for filing same under the rules of this court expired several months ago. Defendant in error has made no request for an extension of time within which to file brief and offered no excuse for his failure to file same. Under these circumstances, this court will not search the record to find a theory upon which the judgment of the trial court may be sustained, but will, where the authorities cited in the brief of plaintiff in error appear reasonably to sustain the assignment of error, reverse the cause in accordance with the prayer of the petition in error.

An examination of the record and the brief on file, indicates that the authorities cited by plaintiff in error reasonably sustain some of the assignments of error, and in accordance with the rules of this court, the judgment of the trial court is reversed, and this cause remanded for further proceeding in conformity herewith.

JOHNSON, C. J., and NICHOLSON, BRANSON. HARRISON, MASON, and WARREN, JJ., concur.

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GORDON, J.

This is an appeal from the district court of Okmulgee county. In the trial court defendant recovered judgment against the plaintiff, and plaintiff brings error. The record was filed in this court on August 28, 1923, and the brief of plaintiff in error was filed on November 13, 1923. Defendant in error has filed no brief, although the time for filing same under the rules of this court expired several months ago. Defendant in error has made no request for an extension of time within which to file brief and offered no excuse for his failure to file same. Under these circumstances, this court will not search the record to find a theory upon which the judgment of the trial court may be sustained, but will, where the authorities cited in the brief of plaintiff in error appear reasonably to sustain the assignment of error, reverse the cause in accordance with the prayer of the petition in error.

An examination of the record and the brief on file, indicates that the authorities cited by plaintiff in error reasonably sustain some of the assignments of error, and in accordance with the rules of this court, the judgment of the trial court is reversed, and this cause remanded for further proceeding in conformity herewith.

JOHNSON, C. J., and NICHOLSON, BRANSON. HARRISON, MASON, and WARREN, JJ., concur.

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Bluebook (online)

1924 OK 664, 228 P. 947, 102 Okla. 175, 1924 Okla. LEXIS 162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bass-v-starnes-okla-1924.