Belknap Hdwe. & Mfg. Co. v. Fowler

Supreme Court of Oklahoma

Belknap Hdwe. & Mfg. Co. v. Fowler

1924 OK 458, 226 P. 41, 102 Okla. 74, 1924 Okla. LEXIS 130

CourtSupreme Court of Oklahoma

DecidedApril 22, 1924

Docket12524

StatusPublished

This text of 1924 OK 458 (Belknap Hdwe. & Mfg. Co. v. Fowler) 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.

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Belknap Hdwe. & Mfg. Co. v. Fowler, 1924 OK 458, 226 P. 41, 102 Okla. 74, 1924 Okla. LEXIS 130 (Okla. 1924).

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Opinion

BRANSON, X

The plaintiff in error, Bel-knap Hardware & Manufacturing Company, a corporation, prosecutes this appeal from the county court of Cotton county, Okla., to reverse a judgment rendered, by said court in civil cause No. 164 on -the docket of said court, wherein the defendant in error, J. A. Fowler, recovered a judgment for a certain sum of money against the plaintiff in error. Numerous errors are' assigned for the reversal of this cause, and to support the same the plaintiff in error on August 15, 1923, filed a brief herein, which was duly served upon the defendant.

The defendant in error. has filed no answer brief in this cause, nor ; requested, any extensión of time within which to file the same.

The well-established rule of this court is that where the. plaintiff in error files brief to support the assignments of error set out in the petition in error, and the defendant in error does not filé a brief within the time provided by the rule of this court, nor request an extension of time within which to file such brief, tbis court will not search the record with the view, of ascertaining some theory .on which the judgment of the trial court may .be affirmed, but if the brief of the plaintiff in error reasonably sustains the assignments of error made, this court will reverse and remand the cause to the trial court.

We have examined the brief filed in support of the assignments of error,' and the same reasonably sustains the assignments, and following the rule, supra, this cause is reversed and remanded to- the county court of Cotton county for a new trial.

JOHNSON, C. J., and McNEILL, NICHOLSON, COCHRAN, HARRISON, and WARREN, JJ., concur.

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BRANSON, X

The plaintiff in error, Bel-knap Hardware & Manufacturing Company, a corporation, prosecutes this appeal from the county court of Cotton county, Okla., to reverse a judgment rendered, by said court in civil cause No. 164 on -the docket of said court, wherein the defendant in error, J. A. Fowler, recovered a judgment for a certain sum of money against the plaintiff in error. Numerous errors are' assigned for the reversal of this cause, and to support the same the plaintiff in error on August 15, 1923, filed a brief herein, which was duly served upon the defendant.

The defendant in error. has filed no answer brief in this cause, nor ; requested, any extensión of time within which to file the same.

The well-established rule of this court is that where the. plaintiff in error files brief to support the assignments of error set out in the petition in error, and the defendant in error does not filé a brief within the time provided by the rule of this court, nor request an extension of time within which to file such brief, tbis court will not search the record with the view, of ascertaining some theory .on which the judgment of the trial court may .be affirmed, but if the brief of the plaintiff in error reasonably sustains the assignments of error made, this court will reverse and remand the cause to the trial court.

We have examined the brief filed in support of the assignments of error,' and the same reasonably sustains the assignments, and following the rule, supra, this cause is reversed and remanded to- the county court of Cotton county for a new trial.

JOHNSON, C. J., and McNEILL, NICHOLSON, COCHRAN, HARRISON, and WARREN, JJ., concur.

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Bluebook (online)

1924 OK 458, 226 P. 41, 102 Okla. 74, 1924 Okla. LEXIS 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belknap-hdwe-mfg-co-v-fowler-okla-1924.