Fry v. McClure

Supreme Court of Oklahoma

Fry v. McClure

1925 OK 762, 218 P. 832, 92 Okla. 222, 1925 Okla. LEXIS 846

CourtSupreme Court of Oklahoma

DecidedSeptember 25, 1925

Docket11886

StatusPublished

This text of 1925 OK 762 (Fry v. McClure) 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

Fry v. McClure, 1925 OK 762, 218 P. 832, 92 Okla. 222, 1925 Okla. LEXIS 846 (Okla. 1925).

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Opinion

Opinion by

'STEPHENSON, C.

The plaintiff commenced his action for possession of real estate and for rents, against the defendant in the district court of Texas county. In the trial of the cause judgment went for the plaintiff and defendant has brought error to this court. This cause was regularly assigned and submitted with notice to the attorneys for the respective parties to prepare, serve, and file briefs. The plaintiff in error has prepared, served, and filed brief, which contains argument and authorities reasonably tending to support errors assigned for reversal of the cause. The defendant in error has failed to prepare and file brief as is required by the rules of this court. If the brief of the plaintiff in error reasonably tends to support errors assigned for reversal this court will not examine the record for some theory to support the judgment of the trial court, but will reverse and remand the cause. C., R. I. & P. Ry. Co. v. Weaver, 67 Okla. 293, 171 Pac. 34; Johnston v. Bradley, 69 Okla., 171 Pac. 724. Therefore it is recommended that this cause be reversed and remanded.

tBy the Court: It is so ordered.

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Opinion by

'STEPHENSON, C.

The plaintiff commenced his action for possession of real estate and for rents, against the defendant in the district court of Texas county. In the trial of the cause judgment went for the plaintiff and defendant has brought error to this court. This cause was regularly assigned and submitted with notice to the attorneys for the respective parties to prepare, serve, and file briefs. The plaintiff in error has prepared, served, and filed brief, which contains argument and authorities reasonably tending to support errors assigned for reversal of the cause. The defendant in error has failed to prepare and file brief as is required by the rules of this court. If the brief of the plaintiff in error reasonably tends to support errors assigned for reversal this court will not examine the record for some theory to support the judgment of the trial court, but will reverse and remand the cause. C., R. I. & P. Ry. Co. v. Weaver, 67 Okla. 293, 171 Pac. 34; Johnston v. Bradley, 69 Okla., 171 Pac. 724. Therefore it is recommended that this cause be reversed and remanded.

tBy the Court: It is so ordered.

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Bluebook (online)

1925 OK 762, 218 P. 832, 92 Okla. 222, 1925 Okla. LEXIS 846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fry-v-mcclure-okla-1925.

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