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24 Mont. 122

Cole v. Ryan

Montana Supreme Court

Decided April 30, 1900

Montana Supreme Court · decided 1900-04-30

<p>Appeal — Rules of the Supreme Court — Briefs—Specification of Errors.</p> <p>The merits of an appeal will not be considered, where appellant’s brief contains no specification of errors, since Rule X, S»bd. sb, requires appellant, in his brief, to assign each error, "separately and particularly,” and properly numbered.</p>

Relies on Missoula Mercantile Co. v. O'Donnell · State v. Shepphard · State v. Allen

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1900-04-30

How this case has been cited

Cited by 4 later decisions — most recently January 1979

4 state decisions

2019001910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1— Appeal from an order denying plaintiffs a new trial. Whatever may be the merits of this appeal, the Court cannot consider them, for the reason that the brief of appellants does not comply with the rules. The errors relied upon in the argument of counsel to secure a reversal of the order are alleged upon rulings of the trial court in the admis*123sion and exclusion of evidence, and upon instructions given and refused. There is no attempt in the brief, however, to assign each error ‘ ‘separately and particularly, ’ ’ and properly numbered, as required by Rule X, Subdivision 3b., of the Rules of this Court. Indeed, there is no specification of errors whatever. The Court will not, therefore, undertake to examine them. (Missoula Mercantile Co. v. O'Donnell, 24 Mont. 65, 60 Pac. 594, and cases cited; State v. Shepphard, 23 Mont. 323, 58 Pac. 868; State v. Allen, 23 Mont. 118, 57 Pac. 725.) The penalty for failure in this particular is severe, but the Court must either enforce the rule or abolish it.

¶2Let the order appealed from be affirmed.

¶3Affirmed.

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