Harlow Pub. Corporation v. Smith

1947 OK 282, 185 P.2d 207, 199 Okla. 248, 1947 Okla. LEXIS 631
CourtSupreme Court of Oklahoma
DecidedOctober 7, 1947
DocketNo. 31664
StatusPublished

This text of 1947 OK 282 (Harlow Pub. Corporation v. Smith) 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
Harlow Pub. Corporation v. Smith, 1947 OK 282, 185 P.2d 207, 199 Okla. 248, 1947 Okla. LEXIS 631 (Okla. 1947).

Opinion

PER CURIAM.

On the 8th day of November, 1943, plaintiff in error filed its petition in error with case-made attached, and on July 10, 1944, filed brief. The defendant in error has failed to [249]*249file any brief and has offered no excuse for such failure. As held by this court in Durham v. Brown, 164 Okla. 139, 24 P. 2d 295, in such case it is not the duty of this court to search for some theory upon which to sustain the judgment of the trial court, but where the authorities reasonably support the allegations of the petition in error, this court may in its discretion reverse and remand the cause, with directions.

The authorities cited by the plaintiff in error reasonably sustain the allegations of error. The cause is reversed and remanded, with directions to the trial court to vacate its judgment in favor of defendant in error.

HURST, C.J., DAVISON, V.C.J., and BAYLESS, WELCH, GIBSON, and LUTTRELL, JJ., concur.

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Related

Durham v. Brown
1933 OK 396 (Supreme Court of Oklahoma, 1933)

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Bluebook (online)
1947 OK 282, 185 P.2d 207, 199 Okla. 248, 1947 Okla. LEXIS 631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harlow-pub-corporation-v-smith-okla-1947.