BEAM v. STATE

(Syllabus.)

Where plaintiff in error has served and filed its brief in compliance with the rules of this court, but the defendant in error has neither filed a brief nor offered any excuse for his failure to do so, the court is not required to search the record to find some theory upon which the judgment of the trial court may be sustained, but may, where the authorities cited in the brief filed, appear reasonably to sustain the assignments of error, reverse the cause, with directions.

PER CURIAM.

The appeal was filed October 3, 1932, and the brief of plaintiff in error filed herein July 5, 1933. No brief has been filed by the defendant in error. The cause is reversed and remanded, with directions to vacate the judgment for the plaintiff and enter judgment for the defendants.