Opinion
No. 15,597.
Filed November 4, 1937.
1. APPEAL — Briefs — Points and Authorities — Necessity to Separately Number and Consider Assigned Errors. — Where all assigned errors were set out together under "points and authorities" portion of appellant's brief, and followed by numbered points or propositions without reference to any particular assigned error, all errors were deemed waived. p. 299.
2. APPEAL — Briefs — Court Rules — Binding Effect. — Rules of the Supreme and Appellate Courts respecting preparation of briefs are binding upon the courts as well as litigants. p. 299.
From Hendricks Circuit Court; A.J. Stevenson, Judge.
Action by Russell Miller against Joseph M. Miller for possession of real estate. From a judgment for plaintiff, defendant appealed. Affirmed. By the court in banc.
Otis E. Gulley, and George W. Hadley, for appellant.
Barney H. Fears, for appellee.
This is an appeal from a judgment for plaintiff in an action instituted by appellee against appellant for the possession of certain real estate and damages for unlawful detention thereof.
The issues were formed by a complaint in one paragraph and an answer in general denial. The cause was submitted to the court for trial without a jury, and the court found for the plaintiff and rendered judgment accordingly.
The errors assigned on appeal are: 1, alleged error in overruling a demurrer to the complaint, which demurrer was filed by appellant; 2, alleged error in overruling a motion for new trial, which motion was filed by appellant.
Under the heading "Points and Authorities" in appellant's brief is a statement of the two errors assigned, including a statement of the causes for new trial set 1, 2. forth in the motion therefor. Following that is a statement of eleven points or propositions, numbered consecutively, without any reference to any of the assigned errors or causes for new trial and without any application of said points or authorities thereto.
This is not a substantial compliance with the rules of this court, particularly Rule twenty-one, Clause sixth (Now Rule eighteen, clause sixth) which provides that: "Each of the . . . assignments shall be separately considered by separately numbered propositions . . ."
That rule provides further "Assigned errors not treated as herein directed shall be deemed waived." (Our italics.)
The rules of this court are binding upon this court as well as upon the litigants, and therefore we deem all assigned errors waived.
Judgment affirmed.