Wichita Flour Mills Co. v. Farmers Union Co-Operative Ass'n

Supreme Court of Oklahoma

Wichita Flour Mills Co. v. Farmers Union Co-Operative Ass'n

1936 OK 140, 54 P.2d 347, 175 Okla. 646, 1936 Okla. LEXIS 76

CourtSupreme Court of Oklahoma

DecidedFebruary 4, 1936

DocketNo. 26032.

StatusPublished

This text of 1936 OK 140 (Wichita Flour Mills Co. v. Farmers Union Co-Operative Ass'n) 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

Wichita Flour Mills Co. v. Farmers Union Co-Operative Ass'n, 1936 OK 140, 54 P.2d 347, 175 Okla. 646, 1936 Okla. LEXIS 76 (Okla. 1936).

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Opinion

PER CURIAM.

The petition in error was filed on the 26th day of November, 1934, and on the 1st day of July, 1935, plaintiff in error filed its brief. No brief has been filed for the defendant in error nor has any excuse been offered for such failure. Under such circumstances, it is not the duty of the court to search the record for some theory upon which to sustain the judgment, but where the allegations of error are reasonably supported in the brief of plaintiff in *647 error, the court may reverse the cause in accordance with the prayer of the plaintiff in error.

The cause is reversed and remanded, with directions to grant a new trial.

McNEILL, C. J., and BAYLESS, WELCH, COIiN, and GIBSON, JJ., concur.

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PER CURIAM.

The petition in error was filed on the 26th day of November, 1934, and on the 1st day of July, 1935, plaintiff in error filed its brief. No brief has been filed for the defendant in error nor has any excuse been offered for such failure. Under such circumstances, it is not the duty of the court to search the record for some theory upon which to sustain the judgment, but where the allegations of error are reasonably supported in the brief of plaintiff in *647 error, the court may reverse the cause in accordance with the prayer of the plaintiff in error.

The cause is reversed and remanded, with directions to grant a new trial.

McNEILL, C. J., and BAYLESS, WELCH, COIiN, and GIBSON, JJ., concur.

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Bluebook (online)

1936 OK 140, 54 P.2d 347, 175 Okla. 646, 1936 Okla. LEXIS 76, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wichita-flour-mills-co-v-farmers-union-co-operative-assn-okla-1936.