Public-domain · open source
OpenJurist

37 Ind. App. 124

Ledbetter v. Coggeshall

Indiana Court of Appeals

Decided January 12, 1906

Indiana Court of Appeals · decided 1906-01-12

<p>Appeal and Error. — Appellate Court Rules. — Briefs.—Where .appellant’s brief merely sets out the pages and lines of the transcript where the questioned complaint may be found without setting out such complaint in terms or substance, such appeal will be dismissed for failure to comply with Appellate Court rule twenty-twov Robinson, J., concurs but votes for a modification of such rulo.</p>

Cited by 1 later decisions — most recently February 1911

1 state decisions

Relies on Perry, Matthews-Buskirk Stone Co. v. Wilson · Cassell v. Lowry · Tuthill Spring Co. v. Holliday

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1906-01-12

View the full empirical analysis of this case →

Blaok, P. J.

¶1The only supposed error assigned is the action of the court in sustaining a demurrer to the complaint.

¶2The appellee has directed attention to the appellant’s failure to comply with the requirement of rule twenty-two of this court, that the appellant’s brief shall contain a concise statement of so much of the record as fully presents the error relied on, in that the brief does not show the contents or the substance of the complaint to which the demurrer was addressed, the brief merely referring to the place in the transcript where, it is said, the complaint is set forth. This is not a sufficient compliance with the rule. Schreiber v. Worm (1904), 164 Ind. 1; Tuthill Spring Co. v. Holliday (1904), 164 Ind. 13; Perry, etc., Stone Co. v. Wilson (1903), 160 Ind. 435.

¶3The appellant’s brief being insufficient to require our consideration of any assignment of error, the appeal should not be entertained.

¶4Appeal dismissed.

Robinson, J.

¶5This appeal must be dismissed, unless there is a modification of rule twenty-two, but I believe that rule should be modified.

/37/indapp/124 · .json · Public domain