First Nat. Bank & Trust Co. v. Walker

Supreme Court of Oklahoma

First Nat. Bank & Trust Co. v. Walker

1933 OK 18, 18 P.2d 513, 161 Okla. 284, 1933 Okla. LEXIS 455

Supreme Court of Oklahoma·Decided January 24, 1933·No. 22423·Published

Opinion

PER CURIAM.

On June 5, 1931, plaintiffs in error, defendants below, filed their petition in error appealing from a judgment-rendered December 12, 1930, in. favor of plaintiff, wherein the trial court, entered judgment for $7,108.30, with interest and costs. •

September 23; 1931, plaintiffs in error filed brief, but defendant in error has failed to file brief or to excuse such failure. The examination of the authorities cited in the brief of plaintiffs in error reasonably tends to support the assignments of error. Under the rules of this court, this being the case, this! court is not required to search the record to find some theory to sustain the judgment of the trial court. City National Bank v. Coatney, 122 Okla. 233, 253 P. 481; Chicago, R. I. & P. Ry. Co. v. Weaver, 67 Okla. 293, 171 P. 34. This case is reversed and remanded, with directions to the trial court to vacate the judgment of the plaintiff and render judgment for the defendant.

Note.—See under (1) 2 R. C. L. 176; R. C. L. Perm. Supp. p. 360.

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PER CURIAM.

On June 5, 1931, plaintiffs in error, defendants below, filed their petition in error appealing from a judgment-rendered December 12, 1930, in. favor of plaintiff, wherein the trial court, entered judgment for $7,108.30, with interest and costs. •

September 23; 1931, plaintiffs in error filed brief, but defendant in error has failed to file brief or to excuse such failure. The examination of the authorities cited in the brief of plaintiffs in error reasonably tends to support the assignments of error. Under the rules of this court, this being the case, this! court is not required to search the record to find some theory to sustain the judgment of the trial court. City National Bank v. Coatney, 122 Okla. 233, 253 P. 481; Chicago, R. I. & P. Ry. Co. v. Weaver, 67 Okla. 293, 171 P. 34. This case is reversed and remanded, with directions to the trial court to vacate the judgment of the plaintiff and render judgment for the defendant.

Note.—See under (1) 2 R. C. L. 176; R. C. L. Perm. Supp. p. 360.

First Nat. Bank & Trust Co. v. Walker, 1933 OK 18, 18 P.2d 513, 161 Okla. 284, 1933 Okla. LEXIS 455 (Okla. 1933).

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