Fitts v. Phœnix Auction Co.

Supreme Court of Alabama

Fitts v. Phœnix Auction Co.

45 So. 150, 153 Ala. 635, 1907 Ala. LEXIS 162

CourtSupreme Court of Alabama

DecidedDecember 19, 1907

StatusPublished

Cited by10 cases

This text of 45 So. 150 (Fitts v. Phœnix Auction Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fitts v. Phœnix Auction Co., 45 So. 150, 153 Ala. 635, 1907 Ala. LEXIS 162 (Ala. 1907).

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Opinion

HARALSON, J.

— The defendants below, appellants, file 128 assignments of error, none of which are referred to in what purports to be brief of counsel, except 5. These assignments of error are not insisted on in argument by defendants’ counsel.

They do no more than refer to the assignments of error and counsel say in brief, that the court erred in these [636]*636several matters, the insistance being no more, than that the court erred therein. This must be regarded as' a waiver of the several assignments. — Kenan v. Lindsay, 127 Ala. 273, 28 South. 570; Pearson v. Adams, 129 Ala. 169, 29 South. 977; Ashford v. Ashford, 136 Ala. 633, 34 South. 10, 96 Am. St. Rep. 82. There being no assignments of error insisted on in argument, they will be treated as waived.

Affirmed.

Tyson, C. J., and Anderson and McClellan, JJ., concur.

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HARALSON, J.

— The defendants below, appellants, file 128 assignments of error, none of which are referred to in what purports to be brief of counsel, except 5. These assignments of error are not insisted on in argument by defendants’ counsel.

They do no more than refer to the assignments of error and counsel say in brief, that the court erred in these [636]*636several matters, the insistance being no more, than that the court erred therein. This must be regarded as' a waiver of the several assignments. — Kenan v. Lindsay, 127 Ala. 273, 28 South. 570; Pearson v. Adams, 129 Ala. 169, 29 South. 977; Ashford v. Ashford, 136 Ala. 633, 34 South. 10, 96 Am. St. Rep. 82. There being no assignments of error insisted on in argument, they will be treated as waived.

Affirmed.

Tyson, C. J., and Anderson and McClellan, JJ., concur.

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45 So. 150, 153 Ala. 635, 1907 Ala. LEXIS 162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitts-v-phnix-auction-co-ala-1907.

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