112 P. 969 | Okla. | 1910
This action was originally brought in a justice of the peace court of Greer county by defendant in error, G. W. Morgan, against the firm of Douglas Hassell, composed of plaintiff in error, Sam Hassell, and defendant in error, B. F. Douglas, to recover $100 as damages for the negligent destruction of a moving picture film. From a judgment in favor of Morgan in that court, an appeal was taken to the county court, where the cause was re-tried; and, from a judgment in favor of Morgan against both of the defendants, plaintiff in error has appealed and has *454 made his co-defendant, Douglas, who does not join in the appeal, a party defendant in error.
One of the grounds urged for reversal is that the verdict of the jury was contrary to the evidence. We have been favored with no brief on behalf of defendants in error. In the absence of any brief by defendant in error, under the rule announced and followed by numerous cases heretofore decided by this court, we would be authorized, if upon examination of plaintiff in error's brief it is found that it reasonably sustains the errors assigned, to reverse the cause without searching the record to find some theory upon which the judgment below may be sustained, (Nettograph Machine Co. v. Brown et al.,
The cause is reversed and remanded.
All the Justices concur.