
    SECURITY STATE BANK OF WEWOKA v. PARKER et al.
    No. 12617
    Opinion Filed Jan. 20, 1925.
    Appeal and Error—Absence of Answer Brief —Reversal.
    Where the plaintiff in error has duly filed and served his brief in compliance with the rule of the Supreme Court, and defendants in error have neither filejd brief nor offered excuse for failure so to do, the Supreme Court will not search 'the record to find some theory upon which the judgment may be sustained; but, where tbe brief .filed appears reasonably to sustain any assignment of prejudicial error, the judgment will be reversed. '
    (Syllabus by, Jarman, C.)
    Commissioners’ Opinion, Division No. 2.
    Note.— See under (1)3 O- J. p. 1447.
    Error from County Court, Seminole County ; B. P. Davis, Judge.
    Action by Security State Bank of We-woka against P. T. Parker and Ed Parker. Judgment for defendants, and plaintiff brings error.
    Reversed and cause rejmanded for new triaL
    Thos. J. Horsley and C. Guy Outlip, for plaintiff in error.
   Opinion by

JARMAN, C.

This is an appeal from tbe county court of Seminole county. Tbe plaintiff in error filed its brief December 27, 1923. No brief bas been filed by tbe defendants in error and no extension of time bas been given to file same and no reason has been assigned by tbej defendants in error as to wby they bave not filed brief. .Tbe brief of the plaintiff in error appears to reasonably sustain tbe assignments of er-rar, and undel tbe rule of this court, the rejeord will not he searched to find some theory upon which the! judgment of the lower court may be sustained.

The judgment of the lower court is rei-versed, with instructions to the trial court •to grant the plaintiff a new trial.

By the Court: It is so ordered.  