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26 Ala. App. 378

160 So 558

Stapp v. Roberts

Alabama Court of Appeals

Decided March 26, 1935

Alabama Court of Appeals · decided 1935-03-26

Relies on Stephenson v. State · Great Atlantic & Pacific Tea Co. v. Smalley

Decided 1935-03-26

RICE, Judge.

¶1 In our opinion in the case of Great Atlantic & Pacific Tea Co. v. Smalley, 156 So. 639, 641, 1 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.”

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

¶3 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.

¶4*379 Hence the judgment must be, and is, affirmed.

¶5 Affirmed.

1

¶6 Ante, p. 176.

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