Board of Medical Registration and Examination of Ind. v. Bowman
| Citation | 238 Ind. 532,150 N.E.2d 883 |
| Decision Date | 09 June 1958 |
| Docket Number | No. 29536,29536 |
| Parties | BOARD OF MEDICAL REGISTRATION AND EXAMINATION OF INDIANA, Appellant, v. Anthony BOWMAN, Appellee. |
| Court | Indiana Supreme Court |
George N. Craig, John K. Ruckelshaus, Donald N. Mosiman, Craig, Ruckelshaus, Reilly & O'Connor, Indianapolis, for appellant.
Wilson S. Daily, John H. Daily, Daily & Daily, and Clinton H. Givan, Indianapolis, for appellee.
Appellant's original brief fails to contain a copy of the assignment of errors or any specification thereof. Nor does it state the substance of any assignment so that it could be held there was a substantial compliance with the rules on appellate procedure.
These rules are based upon experience, and are designed to expedite the disposition of appeals, as well as lessen costs and expenses for the parties. The rules do not require the record on appeal be printed so that each Judge may have a copy. Appellant's original brief is required to be prepared in such manner that a printed copy of the record for each Judge will be unnecessary for him to be properly advised on each matter involved in the appeal. The rules in general do provide that appellant's original brief present his assertions of errors, and so much of the record as may be involved in the determination of the issues he presents on appeal. Each Judge is entitled to be so advised from this brief, and he is not required to examine the record for this information. Hauser v. Markwell, 1942, 111 Ind.App. 420, 422, 41 N.E.2d 652; Barker v. Central Bldg. & Loan Ass'n, 1932, 94 Ind.App. 661, 663, 182 N.E. 90; Chicago, I. & L. R. Co. v. Newkirk, 1911, 48 Ind.App. 349, 350, 93 N.E. 860; 2 Ind.Law Enc. Appeals § 383, p. 239.
'There shall be attached to the front of the transcript, immediately following the index, a specific assignment of the errors relied upon by the appellant * * *.' Rule 2-6. By virtue of the rule the assignment of errors becomes a part of the transcript and record on appeal.
'The brief of appellant shall contain short and clear statements disclosing:
'(a) * * *
'(b) * * *
'(c) * * *
'(d) A concise statement of so much of the record as fully presents every error and objection relied upon, referring to the pages and lines of the transcript. * * *
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...be unnecessary for him to be properly advised on each matter involved in the appeal. Board of Med. Regist. and Exam., etc. v. Bowman (1958), 238 Ind. 532, 533, 150 N.E.2d 883; Israel v. Logansport Aerie No. 323, F. O. E. (1964), Ind.App., 199 N.E.2d 730, 'It is a well-settled rule that the ......
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Willsey v. Hartman, 1069A171
...is under no duty to search the record to reverse the cause.' (Citing authorities.) In Board of Med. Regist. and Exam., etc. v. Bowman (1958), 238 Ind. 532, 150 N.E.2d 883, appellant's brief failed to contain a copy of the assignment of errors or any specification thereof. Our Supreme Court ......
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...be unnecessary for him to be properly advised on each matter involved in the appeal. Board of Med. Regist. and Exam., etc. v. Bowman (1958), 238 Ind. 532, 533, 150 N.E.2d 883. Appellees' motion to affirm further points out that appellant has not set out in his brief the filing of the bill o......