Duncan Nat. Bank of Duncan v. First Nat. Bank of Walters

1923 OK 415, 217 P. 160, 91 Okla. 124, 1923 Okla. LEXIS 687

• Court: Supreme Court of Oklahoma
• Decided: June 26, 1923
• Docket: 11243
• Status: Published

Opinion

Opinion ,by

LOGSDON, C.

This proceeding in error is prosecuted by Duncan National Bank of Duncan, Okla., again-st the First National Bank of Walters, Okla., to reverse a judgment of the district court of Cotton county in favor of defendant and against the plaintiff, in which action plaintiff had sued to recover the sum of $600 and, $1.14 as protest fees on a certain draft delivered to the.plaintiff by tbe defendant, and on which draft payment had been stopped.

Plaintiff’s brief in this case was served upon the defendant March 20, 1923, and no brief has been filed by the defendant, nor any excuse given for failure so to do. The record of this court does not show any extension, of time granted to the defendant for filing such brief, nor any application therefor. It is a well-established rule of this court that it is not required to search the record to find some theory upon which the judgment of the trial court may be sustained. Under the circumstances stated, where the brief filed by the plaintiff reasonably sustains-the assignments of ex*ror contained in the petition in error, the judgment will be reversed in'accordance with the prayer of the petition in error. Frost v. Haley, 63 Okla. 19, 161 Pac. 1174; Security Ins. Co. v. Droke, 40 Okla. 116; 136 Pac. 430; J. Rosenbaum Grain Co. v. Higgins, 40 Okla. 181, 136 Pac. 1073; Purcell Bridge & Transfer Co. v. Hine, 40 Okla. 200, 137 Pac. 668; First Nat. Bank of Sallisaw v. Ballard, 41 Okla. 553, 139 Pac. 293.

After a careful examination of plaintiff’s brief herein, it is concluded that the judgment of the trial court should be reversed and the cause remanded to the district court of Cotton county, with directions to grant a new trial in the action.

By the Court: It is so ordered.