Opinion
No. 15,007.
Filed April 22, 1935. Rehearing denied June 28, 1935.
APPEAL — Briefs — Waiver of Error — Defects. — Where the only assigned error was the sustaining of a demurrer to the complaint and neither the complaint nor its substance was set out in appellant's briefs, the error relied on was not set out under "Propositions and authorities" as required by sec. 6, Rule 21, Rules of the Supreme and Appellate Courts, and the transcript did not contain marginal notes on each page thereof, no question was presented for review.
From Morgan Circuit Court; Chester G. Vernon, Judge.
Action by Ferree Case Lumber Company against Henry C. Aufderheide. From a judgment for defendant on demurrer to the complaint, plaintiff appealed. Affirmed. By the court in banc.
Roy L. Volstead, for appellant.
Merle N.A. Walker, and Kivett Kivett, for appellee.
Appellant appeals from a judgment of the lower court, assigning as the only error for reversal the ruling of the court in sustaining a demurrer to its third amended complaint for insufficiency of facts to state a cause of action. Appellant has failed to set out a copy or the substance of the complaint in its brief. Appellant has failed to set out a copy of the error relied upon for reversal under its Propositions and Authorities separately considered by separately numbered propositions concisely stated without argument, supported by separately numbered or lettered points and authorities as required under Sec. 6 of Rule 21 of this court. Appellant has also failed to cause marginal notes to be placed on each page of the transcript in their appropriate places as required by rule 3 of this court.
These defects were all pointed out in appellee's brief, but appellant did not see fit to ask leave of this court to correct them. Because of the presence of these deficiencies in the preparation of appellant's brief and the transcript, no error is presented for our consideration.
Judgment affirmed.