Corbyn v. Burns

Supreme Court of Oklahoma

Corbyn v. Burns

1940 OK 116, 100 P.2d 249, 186 Okla. 673, 1940 Okla. LEXIS 88

CourtSupreme Court of Oklahoma

DecidedMarch 12, 1940

DocketNo. 29146.

StatusPublished

This text of 1940 OK 116 (Corbyn v. Burns) 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

Corbyn v. Burns, 1940 OK 116, 100 P.2d 249, 186 Okla. 673, 1940 Okla. LEXIS 88 (Okla. 1940).

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Opinion

PER CURIAM.

Plaintiff brought an action to obtain an equitable interest in certain real property. The trial court sustained a demurrer to the evidence and entered judgment for the defendants. Plaintiff appealed, and on the 15th day of August, 1939, filed his brief, and *674 the authorities therein cited reasonably sustain the allegations of error. No brief has been filed by the defendants in error and no excuse offered for such failure. As stated in Osborne v. Osborne, 163 Okla. 273, 21 P. 2d 1056, it is not the duty of this court to search the record to find some theory upon which to sustain the action of the trial court, but in such instance the cause will be reversed and remanded with directions. The cause is reversed and remanded, with directions to set aside the judgment entered for the defendants and to grant a new trial.

BAYLESS, C. J., and RILEY, OSBORN, GIBSON, and HURST, JJ., concur.

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PER CURIAM.

Plaintiff brought an action to obtain an equitable interest in certain real property. The trial court sustained a demurrer to the evidence and entered judgment for the defendants. Plaintiff appealed, and on the 15th day of August, 1939, filed his brief, and *674 the authorities therein cited reasonably sustain the allegations of error. No brief has been filed by the defendants in error and no excuse offered for such failure. As stated in Osborne v. Osborne, 163 Okla. 273, 21 P. 2d 1056, it is not the duty of this court to search the record to find some theory upon which to sustain the action of the trial court, but in such instance the cause will be reversed and remanded with directions. The cause is reversed and remanded, with directions to set aside the judgment entered for the defendants and to grant a new trial.

BAYLESS, C. J., and RILEY, OSBORN, GIBSON, and HURST, JJ., concur.

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Bluebook (online)

1940 OK 116, 100 P.2d 249, 186 Okla. 673, 1940 Okla. LEXIS 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corbyn-v-burns-okla-1940.

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