Hobson v. Hall

Supreme Court of Oklahoma

Hobson v. Hall

1954 OK 41, 267 P.2d 611, 1954 Okla. LEXIS 452

Supreme Court of Oklahoma·Decided February 2, 1954·No. 34872·Published·Cited by 3 cases

Opinion

JOHNSON, Vice Chief Justice.

Plaintiff in error, Warren G. Hobson, has appealed from an order overruling motion for a new trial and from a judgment entered in favor of Cleveland C. Hall, defendant in error, on an instructed verdict, and on February 28, 1951, filed his brief. .The brief and the authorities therein cited reasonably sustain the allegations of the petition in error. The defendant in error has filed no brief and has offered no excuse for such failure. Under such circumstances as held by this court in Durham v. Brown, 164 Okl. 139, 24 P.2d 295, it is not the duty of this court to search the record for some theory upon which to sustain the action of the trial court, but the court may in its discretion reverse and remand the cause with directions.

The cause is reversed and remanded, with directions to the trial court to vacate the judgment entered for the plaintiff in the trial court and to sustain the defendant’s motion for a new trial.

HALLEY, C. J., and WELCH, CORN, DAVISON, O’NEAL, WILLIAMS and BLACKBIRD, JJ., concur. '

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JOHNSON, Vice Chief Justice.

Plaintiff in error, Warren G. Hobson, has appealed from an order overruling motion for a new trial and from a judgment entered in favor of Cleveland C. Hall, defendant in error, on an instructed verdict, and on February 28, 1951, filed his brief. .The brief and the authorities therein cited reasonably sustain the allegations of the petition in error. The defendant in error has filed no brief and has offered no excuse for such failure. Under such circumstances as held by this court in Durham v. Brown, 164 Okl. 139, 24 P.2d 295, it is not the duty of this court to search the record for some theory upon which to sustain the action of the trial court, but the court may in its discretion reverse and remand the cause with directions.

The cause is reversed and remanded, with directions to the trial court to vacate the judgment entered for the plaintiff in the trial court and to sustain the defendant’s motion for a new trial.

HALLEY, C. J., and WELCH, CORN, DAVISON, O’NEAL, WILLIAMS and BLACKBIRD, JJ., concur. '

Hobson v. Hall, 1954 OK 41, 267 P.2d 611, 1954 Okla. LEXIS 452 (Okla. 1954).

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