Fox v. Worm

104 N.E. 93, 55 Ind. App. 516, 1914 Ind. App. LEXIS 240
CourtIndiana Court of Appeals
DecidedFebruary 19, 1914
DocketNo. 8,252
StatusPublished
Cited by4 cases

This text of 104 N.E. 93 (Fox v. Worm) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fox v. Worm, 104 N.E. 93, 55 Ind. App. 516, 1914 Ind. App. LEXIS 240 (Ind. Ct. App. 1914).

Opinion

Shea, P. J.

1. Appellees in this ease point out several omissions in the preparation of appellant’s brief. The second, third and fourth are as follows: “(2) Said appellant’s brief contains no statement showing how the issues were decided or what the judgment or decree was, as required by clause 3, Rule 22 of this court. (3) The appellant’s brief contains no statement disclosing the errors relied upon for reversal, as required by clause 4 of Rule 22 of this court. (4) The appellant’s brief contains no statement of so much of the record as presents any error or exception relied on, nor does it contain any reference to pages and lines of the transcript touching any such error or exception relied on, as required by clause 5 of Rule 22 of this court.” The seventh point charges that the evidence is not in the record. Other errors are pointed out, but these are sufficient for present purposes.

2. In appellant’s reply brief, he attempts to cure some of the errors by pointing out the page and line of the record showing the submission of the cause, setting out the entry of submission. He also refers to the page and line of the record showing the judgment, setting out the judgment. He also shows by reference to page and line of the record the entry showing the filing of the motion for a new trial, with copy thereof, and the ruling of the court thereon. It has been held by both this court and the Supreme Court that omissions in the original brief pointed out by the answer brief of appellee can not be cured by supplying them by reply brief. Albaugh Bros., etc., Co. v. Lynas (1911), 47 Ind. App. 30, 93 N. E. 678; Gates v. Baltimore, etc., R. Co. (1900), 154 Ind. 338, 56 N. E. 722.

1. There is no explanation even in the reply brief of the failure to set out the assignment of errors in the original brief, neither is it pointed out where the assignment of errors may' be found in the record. The failure to set out the assignment of errors in the brief is in direct violation of subdivision 4 of Rule 22 of this court. [518]*518Griffith v. Felts (1913), 52 Ind. App. 268, 99 N. E. 432, and authorities there cited.

Because of the failure to file a brief in accordance with the rules of this court, the judgment is affirmed.

Note.—Reported in 104 N. E. 93. See, also, under (1) 2 Cyc. 1013; 3 Cyc. 419; (2) 2 Cyc. 1018.

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Related

Clemens v. Stoner
126 N.E. 487 (Indiana Court of Appeals, 1920)
Decker v. Mahoney
116 N.E. 57 (Indiana Court of Appeals, 1917)
Waters v. Delagrange
109 N.E. 758 (Indiana Supreme Court, 1915)
Lyons v. Souder
105 N.E. 511 (Indiana Court of Appeals, 1914)

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Bluebook (online)
104 N.E. 93, 55 Ind. App. 516, 1914 Ind. App. LEXIS 240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fox-v-worm-indctapp-1914.