State Ex Rel. Bishop v. Oklahoma Kennel Club

1931 OK 52, 296 P. 399, 147 Okla. 220, 1931 Okla. LEXIS 750

• Court: Supreme Court of Oklahoma
• Decided: February 17, 1931
• Docket: 19872
• Status: Published

Opinion

PER CURIAM.

This is an appeal from the order of the district court of Seminole county in an action wherein the plaintiff in error was plaintiff. The plaintiff in errot in due time served and filed its brief in full compliance with the rules of this court, but the defendant iu error has wholly failed to file any brief or to otherwise appear in this cause in this court upon the merits of the case nor has he offered any excuse for his failure to do so.

“Where plaintiff in error has served and filed' its brief in compliance with the rules of this court, and the defendant in error has neither filed a brief nor offered any excuse for his failure to do so, this court is not required to search the record to find

In this case the petition in error prays that the order appealed from be reversed', set aside, and held for naught and that judgment be rendered for the plaintiff in error setting aside the order allowing and approving the supersedeas bond and decreeing and adjudging said supersedeas bond vacated. We find upon examination, the authorities cited by the plaintiff in error reasonably! support the contention of the plaintiff, and we therefore reverse the judgment of the lower court and direct it to vacate its former order and judgment and enter judgment in favor of the plaintiff in error.