Miller v. Miller

1944 OK 193, 148 P.2d 168, 194 Okla. 150, 1944 Okla. LEXIS 391
CourtSupreme Court of Oklahoma
DecidedApril 25, 1944
DocketNo. 31667.
StatusPublished

This text of 1944 OK 193 (Miller v. Miller) 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
Miller v. Miller, 1944 OK 193, 148 P.2d 168, 194 Okla. 150, 1944 Okla. LEXIS 391 (Okla. 1944).

Opinion

PER CURIAM.

Plaintiffs in error have appealed from an adverse judgment, and on the 26th day of November, 1943, filed their brief in support of the allegations in the petition in error. The authorities therein cited reasonably sustain the allegations of error. The defendant has filed no brief and has offered no excuse for such failure. Under such circumstances, as stated in Gooldy v. Hines, 186 Okla. 583, 99 P. 2d 498, 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 cause may be reversed and remanded, with directions.

The cause is reversed and remanded, with directions to vacate the order sustaining the plea to the jurisdiction of the trial court and to proceed to hear and determine the cause.

GIBSON, V.C.J., and RILEY, OSBORN, HURST, and ARNOLD, JJ., concur.

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Related

Gooldy v. Hines
1940 OK 93 (Supreme Court of Oklahoma, 1940)

Cite This Page — Counsel Stack

Bluebook (online)
1944 OK 193, 148 P.2d 168, 194 Okla. 150, 1944 Okla. LEXIS 391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-miller-okla-1944.