<p>1. Appeal. — Assignments of Errors. — The assignment of errors is the complaint on appeal, and, to be sufficient, must definitely point out the alleged errors, p. 509.</p> <p>2. Appeal. — Assignments of Errors. — Separate Demurrers. — Joint Assignments. — xVn alleged error by the plaintiff that the “court erred in sustaining the demurrer of appellees to the amended complaint of appellant,” presents no question, where the sole demurrer filed was by one only of the appellees, p. 509.</p> <p>Prom Bartholomew Circuit Court; Marshall Eacker, Judge.</p>
Cited by 1 later decisions — most recently December 1914
¶11. The sole assignment of error is that the “ court erred in sustaining the demurrer of appellees to the amended complaint of appellant”, thus assigning error in sustaining appellees’ joint demurrer to the amended complaint. The record shows that the only demurrer filed to the amended complaint was that of defendant George S. Cook, which the court sustained. The assignment of errors is the complaint on appeal, and in order to be sufficient must specifically and certainly point out the errors alleged, and must correspond to the record.
¶3In order to satisfy ourselves as to whether appellant would lose any substantial rights through what may seem merely a technicality, we have read the briefs of the parties, and are convinced that if the sufficiency of the amended complaint were before us, the decision of the lower court would have to be followed, since the amended complaint purports to set out a cause of action for money paid under circumstances amounting to duress of property, and upon that theory it is quite apparent that such amended complaint is not sufficient in its present form.
