Daniel v. Gallagher

• Decision Date: 22 March 1907
• Docket Number: Civil 993
• Citation: 89 P. 412,11 Ariz. 151
• Parties: R. H. DANIEL and H. E. SMITH, Plaintiffs and Appellants, v. JAMES GALLAGHER et al., Defendants and Appellees
• Court: Arizona Supreme Court

89 P. 412

11 Ariz. 151

R. H. DANIEL and H. E. SMITH, Plaintiffs and Appellants, v. JAMES GALLAGHER et al., Defendants and Appellees

Civil No. 993

Supreme Court of Arizona

March 22, 1907

APPEAL from a judgment of the District Court of the Fifth Judicial District, in and for the County of Gila. Frederick S. Nave Judge. Affirmed.

E. J Edwards, for Appellants.

Geo. R Hill, for Appellees.

OPINION

PER CURIAM.

Appellants brought an action in ejectment. From a judgment in favor of appellees they appeal. Errors are assigned as follows: (1) The court erred in its findings of fact and conclusions of law. (2) The findings of fact and conclusions of law are not supported by the evidence. (3) The court erred in rendering judgment for the appellees and against the appellants. (4) The evidence is insufficient to support the judgment of the court. (5) The court erred in admitting in evidence an instrument named by appellees' counsel as a deed, and marked as "Defendant's Exhibit 1." (6) The court erred in overruling appellants' motion for a new trial. Paragraph 1586, Revised Statutes of 1901, provides as to the brief and argument of appellants or plaintiffs in error: "This brief and argument must plainly state the errors complained of by him and refer to the page or pages of the record wherein the error is alleged by him to exist. It shall also contain a brief statement of so much of the evidence in the case as is relevant to the error alleged and a citation of the authorities relied on to support the allegation of error."

The first, second, third, fourth and sixth assignments of error are not sufficiently specific to enable us to review them. They are of the same character as those condemned by us in Charouleau v. Shields & Price, 9 Ariz. 73, 76 P 821. Turning to the abstract of record to examine the merits of the fifth assignment, we find a statement of facts that recites that a deed was offered in evidence by the defendants which was admitted over the objection of plaintiffs and was ordered marked "Defendants' Exhibit 1." The deed is not set forth in the brief or in the abstract, and we cannot ascertain therefrom whether the objection to its introduction in evidence was well taken or not. The rules of this court (rule 1) provide: "In every civil case brought to this court on appeal or writ of error the appellant or plaintiff in error must file in this court with the transcript of the record at least six...