(Syllabus.)
Appeal and Error — Reversal — Failure of Defendant in Error to File Brief.
Where plaintiff in error has served and filed brief, 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.
On the 14th day of August, 1931, judgment was rendered for the plaintiff in a partnership accounting contest, and the defendant appeals to this court and has filed a brief which reasonably supports the theory of the appeal.
The case is, therefore, reversed and remanded under the authority many times decided by this court and the rule as to filing brief, with directions to vacate the order and judgment of the court and dismiss the action.