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Stapp v. Roberts

Court of Appeals of Alabama
Mar 26, 1935
160 So. 558 (Ala. Crim. App. 1935)

Opinion

6 Div. 698.

March 26, 1935.

Appeal from Circuit Court, Lamar County; Ernest Lacy, Judge.

Proceeding between M. V. Stapp and J. M. Roberts. From a judgment, first-named party appeals.

Affirmed.

R. G. Redden, of Vernon, for appellant.

C. H. Strawbridge, of Vernon, for appellee.


In our opinion in the case of Great Atlantic Pacific Tea Co. v. Smalley, 156 So. 639, 641, we said: "The duty rests upon the appellant, in a civil case, to 'point out' error; * * * it includes pointing out, under the law — cited — why it is error."

Ante, p. 176.

The quoted statement received the approval of the Supreme Court. Great Atlantic Pacific Tea Co. v. Smalley, ante, p. 176, 156 So. 641.

In the instant case appellant's counsel in his brief filed here — perhaps because the "error" did not exist — has failed to comply with the rule for reversal (provided, of course, the error was prejudicial to appellant's rights) laid down above.

Hence the judgment must be, and is, affirmed.

Affirmed.


Summaries of

Stapp v. Roberts

Court of Appeals of Alabama
Mar 26, 1935
160 So. 558 (Ala. Crim. App. 1935)
Case details for

Stapp v. Roberts

Case Details

Full title:STAPP v. ROBERTS

Court:Court of Appeals of Alabama

Date published: Mar 26, 1935

Citations

160 So. 558 (Ala. Crim. App. 1935)
160 So. 558