Timmons v. Keys

Supreme Court of Oklahoma

Timmons v. Keys

1947 OK 320, 185 P.2d 901, 199 Okla. 305, 1947 Okla. LEXIS 685

CourtSupreme Court of Oklahoma

DecidedOctober 21, 1947

DocketNo. 32550

StatusPublished

This text of 1947 OK 320 (Timmons v. Keys) 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

Timmons v. Keys, 1947 OK 320, 185 P.2d 901, 199 Okla. 305, 1947 Okla. LEXIS 685 (Okla. 1947).

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Opinion

PER CURIAM.

Plaintiff has appealed from a judgment entered against him in the trial court and on May 1, 1946, he filed his brief. The authorities therein cited reasonably sustain the allegations of error. Defendant has filed no brief and has offered no excuse for such failure. Under such circumstances, as stated in Durham v. Brown, 164 Okla. 139, 24 P. 2d 295, 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 this court may reverse and remand the cause, with directions.

The cause is reversed and remanded, with directions to the trial court to vacate the judgment rendered for the defendant and enter judgment for the plaintiff foreclosing his lien and to fix a reasonable attorney’s fee for plaintiff.

HURST, C.J., DAVISON, V.C.J., and RILEY, BAYLESS, WELCH, CORN, GIBSON, and LUTTRELL, JJ., concur.

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PER CURIAM.

Plaintiff has appealed from a judgment entered against him in the trial court and on May 1, 1946, he filed his brief. The authorities therein cited reasonably sustain the allegations of error. Defendant has filed no brief and has offered no excuse for such failure. Under such circumstances, as stated in Durham v. Brown, 164 Okla. 139, 24 P. 2d 295, 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 this court may reverse and remand the cause, with directions.

The cause is reversed and remanded, with directions to the trial court to vacate the judgment rendered for the defendant and enter judgment for the plaintiff foreclosing his lien and to fix a reasonable attorney’s fee for plaintiff.

HURST, C.J., DAVISON, V.C.J., and RILEY, BAYLESS, WELCH, CORN, GIBSON, and LUTTRELL, JJ., concur.

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Bluebook (online)

1947 OK 320, 185 P.2d 901, 199 Okla. 305, 1947 Okla. LEXIS 685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/timmons-v-keys-okla-1947.

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