Peck v. Hughey

Supreme Court of Oklahoma

Peck v. Hughey

161 P. 1081, 161 P. 1057, 63 Okla. 47, 1916 Okla. LEXIS 1376

CourtSupreme Court of Oklahoma

DecidedDecember 19, 1916

Docket5896

StatusPublished

This text of 161 P. 1081 (Peck v. Hughey) 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

Peck v. Hughey, 161 P. 1081, 161 P. 1057, 63 Okla. 47, 1916 Okla. LEXIS 1376 (Okla. 1916).

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Opinion

HARDY, J.

Plaintiff in error filed his brief herein February 11, 1916, and duly served same upon defendants in error, since which time defendants in error have neither filed a brief nor offered an excuse for such failure; and under the repeated decisions of this court, we are not required to search the record to find some theory upon which the judgment of the court below may be sustained, but may, where plaintiff in error’s brief appears reasonably to sustain the assignments of error, reverse the case in accordance with the prayer of the petition.

It appearing that the assignments of error relied upon are reasonably sustained by the brief filed, the judgment is reversed, and the cause remanded.

All the Justices concur.

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HARDY, J.

Plaintiff in error filed his brief herein February 11, 1916, and duly served same upon defendants in error, since which time defendants in error have neither filed a brief nor offered an excuse for such failure; and under the repeated decisions of this court, we are not required to search the record to find some theory upon which the judgment of the court below may be sustained, but may, where plaintiff in error’s brief appears reasonably to sustain the assignments of error, reverse the case in accordance with the prayer of the petition.

It appearing that the assignments of error relied upon are reasonably sustained by the brief filed, the judgment is reversed, and the cause remanded.

All the Justices concur.

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Bluebook (online)

161 P. 1081, 161 P. 1057, 63 Okla. 47, 1916 Okla. LEXIS 1376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peck-v-hughey-okla-1916.