Butler v. Stinson

DTJNN, C. J. This case presents error from the county court.,of Bryan county. The plaintiff in error duly prepared and filed a petition in error, with a case-made, on September 29, 1908. Thereafter, and on August 3, 1909, .he prepared, served,.and filed a brief in support of his petition in error. No brief has been filed on the part of defendant in error to this date, and no excuse or reason offered for such failure. An inspection of the brief of 'plaintiff in error discloses that it reasonably sustains the assignable error made therein, and on the authority of Reeves & Co. v. Brennan, 106 Pac. 959, Buckner v. Oklahoma Nat. Bank et al., 106 Pac. 959, Ellis et al. v. Outler et al., 106 Pac. 957, and Butler et al. v. McSpadden, 107 Pac. 170, (all cases reported in 25 Okla.) the judgment is reversed, and the ..cause remanded to the county court of Bryan county. HAYES, KANE, and' TUKNEK, JJ., concur; WILLIAMS, J., dissents.