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74 S.D. 415

54 N.W.2d 171

Stoecker v. Stoecker

South Dakota Supreme Court

Decided June 12, 1952

South Dakota Supreme Court · decided 1952-06-12

Cited by 8 later decisions — most recently November 1968

8 state decisions

Key passage — most relied on by later courts

““Assignments of error: requirement; form. There shall be attached to the transcript, or served separately within ten days after the appeal is taken if no transcript is used, assignments of the error claimed to exist and on which the appellant relies. “Each assignment shall state only one claim of error. They shall be separately stated and numbered and shall refer -to the page of the transcript or portion of record where the alleged error appears. “An assignment of error need follow no stated form but must briefly and plainly point out the error alleged to exist. If insufficiency of the evidence to justify the verdict, finding, or other decision is assigned,the assignment must state the particulars in which the evidence is claimed to be insufficient.””

quoted by 1 later decision, including JR Watkins Company v. Beisel

Relies on In Re Congdon's Estate · Hirning v. Dunlap

Good law ✅— No negative treatment on recordhow we know

Decided 1952-06-12

View the full empirical analysis of this case →

PER CURIAM.

¶1 A decree of divorce was entered in favor of the wife, and the husband appealed. The wife made *416 application to the trial court for an order requiring the husband to pay her alimony for the support of herself and their children pending the appeal, and for suit money and counsel fees on appeal. After hearing the court entered findings, conclusions, and an order directing the husband to pay $35 per month alimony, $50 suit money and $250 counsel fees. This appeal is by the husband from that order.

¶2 The assignments- of error contained in the record read as follows: “Appellant designates the following Assignments of Error claiming that the Trial Court erred in the following particulars: 1. In issuing its order to show cause herein dated July 2, 1951. (SR 7 & 8) 2. In entering its Findings and Conclusions herein under date of September 15, 1951. (SR 22 & 25) 3. The Court erred in entering its Order and Judgment herein dated September 15, 1951. (SR 26)”

¶3 An assignment of error need follow no stated form but must briefly and plainly point out the error alleged to exist. If insufficiency of the evidence to justify the decision is assigned, the assignment must state the particulars in which the evidence is claimed to be insufficient. SDC 33.0735. The quoted assignments but assert error; they do not point out the error. Therefore, they do not comply with the rule. Hirning v. Dunlap, 64 S. D. 414, 266 N.W. 882. In the absence of an assignment of error there is nothing before this court. In re Congdon’s Estate, 74 S.D. 306, 51 N.W.2d 877.

¶4 The order of the trial court is affirmed.

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