Opinion
No. 15,027.
Filed March 16, 1934.
1. APPEAL — Briefs — Noncompliance with Court Rule. — Appellant's brief held insufficient to present any question where it failed to contain a separate heading of each error relied on with separately numbered points, stated concisely and without argument, together with authorities relied on, and failed to set out exhibits to the complaint or to show that exceptions were taken to rulings on demurrers. p. 383.
2. APPEALS — Briefs — Noncompliance with Court Rules — Affirmance. — Where appellant so fails to comply with court rules in the preparation of briefs that no question is presented thereby, the judgment will be affirmed. p. 383.
From Marion Superior Court; Clarence E. Weir, Judge.
Action by Anna C. Banker, administratrix, against Pacific States Life Insurance Company and another. From a judgment for plaintiff, defendants appealed. Affirmed. By the court in banc.
L. Ert Slack and E.R. Elliott, for appellants.
Charles F. Remy and William H. Remy, for appellee.
The appellees recovered a judgment against these appellants in the sum of $1,232.00. It is from this judgment that the appellants appeal. There were separate and several demurrers filed by these appellants to the complaint of the appellee, which were overruled. The appellants separately assigned, as error here, the overruling of these demurrers.
Appellants have failed to comply with clause 5 of rule 22 of the old rules of this court, under which this brief was prepared. The brief fails to contain a separate heading of each 1, 2. error relied on, separately numbered points, stated concisely and without argument, together with the authorities relied on in support thereof, as applied to any certain assignment of error. The exhibits to the complaint are not set out and there is no showing that any exceptions were taken to the rulings on the demurrers.
From the above it is clear that the brief is so prepared that there is no question presented for the consideration of this court, therefore, the judgment of the Marion Superior Court is affirmed, upon authority of Sibert v. City of Evansville et al. (1925), 83 Ind. App. 445, 149 N.E. 190.