Hamon v. Keyes

Supreme Court of Oklahoma

Hamon v. Keyes

1924 OK 437, 225 P. 540, 99 Okla. 19, 1924 Okla. LEXIS 807

CourtSupreme Court of Oklahoma

DecidedApril 15, 1924

Docket11987

StatusPublished

This text of 1924 OK 437 (Hamon v. Keyes) 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

Hamon v. Keyes, 1924 OK 437, 225 P. 540, 99 Okla. 19, 1924 Okla. LEXIS 807 (Okla. 1924).

Pincite

Opinion

-Opinion by

LOGSDON, C.

In this case the death of Jake L. Hamon, one of the plaintiffs in error, has been suggested in this court and an order entered reviving the action. This renders it unnecessary to pass upon the preliminary question presented.

Upon the merits of the case plaintiffs have filed their brief in this court, but no brief has been filed by the defendants nor any excuse given for failure so to do. The records of this court do not show any ex' tension of time granted to the defendants for filing brief nor any application therefor. It is a well established rule of this court1 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 plaintiffs reasonably sustains the assignments of error contained in the peti *20 tion in error, the judgment will.be reversed in accordance with the prayer of the petition in error. Frost v. Hailey, 63 Okla. 19, 161 Pac. 1174; Security Insurance Co. v. Droke, 40 Okla. 116, 136 Pac. 430; J. Rosenbaum Grain Co. v. Higgins, 40 Okla. 181, 136 Pac. 1073; First Nat’l Bank of Sallisaw v. Ballard, 41 Okla. 553, 139 Pac. 293.

It is, therefore, 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.

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-Opinion by

LOGSDON, C.

In this case the death of Jake L. Hamon, one of the plaintiffs in error, has been suggested in this court and an order entered reviving the action. This renders it unnecessary to pass upon the preliminary question presented.

Upon the merits of the case plaintiffs have filed their brief in this court, but no brief has been filed by the defendants nor any excuse given for failure so to do. The records of this court do not show any ex' tension of time granted to the defendants for filing brief nor any application therefor. It is a well established rule of this court1 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 plaintiffs reasonably sustains the assignments of error contained in the peti *20 tion in error, the judgment will.be reversed in accordance with the prayer of the petition in error. Frost v. Hailey, 63 Okla. 19, 161 Pac. 1174; Security Insurance Co. v. Droke, 40 Okla. 116, 136 Pac. 430; J. Rosenbaum Grain Co. v. Higgins, 40 Okla. 181, 136 Pac. 1073; First Nat’l Bank of Sallisaw v. Ballard, 41 Okla. 553, 139 Pac. 293.

It is, therefore, 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.

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Bluebook (online)

1924 OK 437, 225 P. 540, 99 Okla. 19, 1924 Okla. LEXIS 807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamon-v-keyes-okla-1924.

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