Black v. Augustus

Supreme Court of Oklahoma

Black v. Augustus

1936 OK 106, 54 P.2d 321, 175 Okla. 620, 1936 Okla. LEXIS 59

CourtSupreme Court of Oklahoma

DecidedFebruary 4, 1936

DocketNo. 26354.

StatusPublished

This text of 1936 OK 106 (Black v. Augustus) 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

Black v. Augustus, 1936 OK 106, 54 P.2d 321, 175 Okla. 620, 1936 Okla. LEXIS 59 (Okla. 1936).

Pincite

Opinion

PER CURIAM.

The petition in error was filed on the 15th day of May, 1935, and thereafter on the 11th day of_ September, 1935, the plaintiffs in error filed their brief. No brief has been filed for the defendant in error nor has any excuse been offered for such failure. Under such circumstances, it is not the duty of the court to search the record for some theory upon .which to sustain the judgment, but where the allegations of error are reasonably supported in the brief *621 of plaintiffs in error, the court will reverse the cause in accordance with the prayer of the plaintiffs in error.

The cause is reversed and remanded, with directions to vacate the judgment for the plaintiff and to enter judgment for the defendants.

McNETLL, C. J., OSBORN. V. O. J.. and RILEY. BUSBY and PHELPS. JJ.,.concur.

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PER CURIAM.

The petition in error was filed on the 15th day of May, 1935, and thereafter on the 11th day of_ September, 1935, the plaintiffs in error filed their brief. No brief has been filed for the defendant in error nor has any excuse been offered for such failure. Under such circumstances, it is not the duty of the court to search the record for some theory upon .which to sustain the judgment, but where the allegations of error are reasonably supported in the brief *621 of plaintiffs in error, the court will reverse the cause in accordance with the prayer of the plaintiffs in error.

The cause is reversed and remanded, with directions to vacate the judgment for the plaintiff and to enter judgment for the defendants.

McNETLL, C. J., OSBORN. V. O. J.. and RILEY. BUSBY and PHELPS. JJ.,.concur.

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Bluebook (online)

1936 OK 106, 54 P.2d 321, 175 Okla. 620, 1936 Okla. LEXIS 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/black-v-augustus-okla-1936.