Opinion
6 Div. 439.
October 31, 1933.
Appeal from Circuit Court, Jefferson County; Romaine Boyd, Judge.
Action by Miriam T. Mitchell against James H. David, with garnishment in aid of suit to the Metropolitan Life Insurance Company. From a judgment dissolving the garnishment, plaintiff appeals.
Affirmed.
The following assignments of error were made by appellant:
"Assignment I. The trial Court committed error in striking down the judgment in favor of the (plaintiff) Appellant and against the (defendant) Appellee, recovered on June 22, 1931.
"Assignment II. The trial Court committed error in holding, in effect, that the judgment procured against (defendant) Appellee, June 22, 1931, is dormant and inoperative as against Appellee. (Trans. p. 15.)
"Assignment IV. The trial Court committed error in holding, in effect, that (defendant's) unconditional promises made and payments made by him on said judgment (Trans. pp. 8, 9, 10, 11) did not revive the judgment, even though it were in fact dormant."
"Assignment VI. The discharge in Bankruptcy procured by the Appellee in case No. 34406 June 22, 1932, is inoperative as to legal effect against judgment (Trans. p. 4) six years not having elapsed since his adjudication of voluntary Bankruptcy, December 3, 1929."
J. H. Ward and C. E. Wilder, both of Birmingham, for appellant.
In view of the decision it is not necessary that brief be set out.
W. Emmett Perry, of Birmingham, for appellee.
Brief did not reach the Reporter.
More might be said, but it will suffice for a disposition of this appeal to say that assignments of error 1, 2, 4, and 6, at least, do not comply with Supreme Court rule 1 (Michie's Code 1928, p. 1928), and this court must decline to consider them. Provident Life Accident Ins. Co. of Chattanooga, Tenn., v. Priest, 212 Ala. 576, 103 So. 678.
And that, all the assignments of error being "argued in bulk," so that we are unable to say which is, and which is not, properly insisted upon, we cannot predicate a reversal upon any one of same. See City of Montgomery v. Moon, 208 Ala. 472, 94 So. 337; Alabama Co. v. Norwood, 211 Ala. 385, 100 So. 479.
The judgment is affirmed.
Affirmed.