Julius Schmid, Inc. v. McKay

Supreme Court of Oklahoma

Julius Schmid, Inc. v. McKay

1950 OK 259, 223 P.2d 529, 203 Okla. 502, 1950 Okla. LEXIS 657

CourtSupreme Court of Oklahoma

DecidedOctober 24, 1950

DocketNo. 34504

StatusPublished

Cited by2 cases

This text of 1950 OK 259 (Julius Schmid, Inc. v. McKay) 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

Julius Schmid, Inc. v. McKay, 1950 OK 259, 223 P.2d 529, 203 Okla. 502, 1950 Okla. LEXIS 657 (Okla. 1950).

Pincite

Opinion

WELCH, J.

Plaintiff in error, who was plaintiff below, has appealed from a judgment entered against him in the trial court denying certain injunctive relief sought by the plaintiff.

[503]*503Plaintiff in error has served and filed his brief in full compliance with the rules of this court. The defendant has filed no brief and has offered no excuse for such failure. Under such circumstances, as stated in Anderson v. Culver, 199 Okla. 306, 185 P. 2d 918, 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 judgment may be reversed and the cause remanded with directions.

Our many decisions and determinations in such circumstances justify the conclusion that we may treat such action on the part of the defendant as an abandonment of his defense or as a confession of the right of plaintiff to the relief sought.

The judgment denying plaintiff the relief sought is reversed and the cause is remanded to the trial court, with directions to vacate the judgment entered in favor of defendant, and to enter judgment for the plaintiff for the relief sought.

ARNOLD, V. C. J., and CORN, GIBSON, LUTTRELL, HALLEY, JOHNSON, and O’NEAL, JJ., concur.

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