In Re Gardner's Estate

Supreme Court of Oklahoma

In Re Gardner's Estate

1917 OK 426, 167 P. 212, 66 Okla. 69, 1917 Okla. LEXIS 132

CourtSupreme Court of Oklahoma

DecidedAugust 14, 1917

Docket6465

StatusPublished

This text of 1917 OK 426 (In Re Gardner's Estate) 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.

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In Re Gardner's Estate, 1917 OK 426, 167 P. 212, 66 Okla. 69, 1917 Okla. LEXIS 132 (Okla. 1917).

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Opinion

PER CURIAM.

This ease-made was filed in this court May 20, 1914. The plaintiffs in error filed brief June 24, 1916. The defendants in error have not filed a brief, and have given no reason for not doing so.

We have examined the errors assigned in the brief of plaintiff in error, and the record upon which they are predicated, and the grounds urged for a reversal appear to be well taken. Under such a condition this court is not required to hunt authorities to support contention of defendants in error, or search the record to find some theory upon which the judgment below may be sustained; but, where the brief filed appears reasonably to sustain the assignments of error, the court will reverse the judgment, in accordance with the prayer of the petition of the plaintiff in error. Miles v. Bird, 41 Okla. 428, 138 Pac. 789, and cases cited.

This case is therefore reversed and remanded, with instructions to the probate court to grant the prayer of proponents.

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PER CURIAM.

This ease-made was filed in this court May 20, 1914. The plaintiffs in error filed brief June 24, 1916. The defendants in error have not filed a brief, and have given no reason for not doing so.

We have examined the errors assigned in the brief of plaintiff in error, and the record upon which they are predicated, and the grounds urged for a reversal appear to be well taken. Under such a condition this court is not required to hunt authorities to support contention of defendants in error, or search the record to find some theory upon which the judgment below may be sustained; but, where the brief filed appears reasonably to sustain the assignments of error, the court will reverse the judgment, in accordance with the prayer of the petition of the plaintiff in error. Miles v. Bird, 41 Okla. 428, 138 Pac. 789, and cases cited.

This case is therefore reversed and remanded, with instructions to the probate court to grant the prayer of proponents.

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Bluebook (online)

1917 OK 426, 167 P. 212, 66 Okla. 69, 1917 Okla. LEXIS 132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gardners-estate-okla-1917.

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