Kleinschmidt v. Globe-Democrat Pub. Co.
Decision Date | 05 May 1942 |
Docket Number | 37123 |
Citation | 165 S.W.2d 620,350 Mo. 250 |
Parties | Robert E. Kleinschmidt, Appellant, v. Globe-Democrat Publishing Company, a Corporation |
Court | Missouri Supreme Court |
Rehearing Denied June 17, 1942. Motion to Transfer to Banc Overruled July 28, 1942. Motion for Leave in Banc to File Motion to Transfer Cause to Banc Overruled November 12, 1942.
Appeal from Circuit Court of City of St. Louis; Hon. Charles B Williams, Judge.
Appeal dismissed.
Earl M. Pirkey, Parke M. Banta, James Booth, N. C. Matthes and R. E. Kleinschmidt for appellant.
(1) Ordinarily a motion to dismiss an appeal in an appellate court lies only on account of failure to properly perfect the appeal and comply with the rules of said court, though occasionally it has been held that, if something has occurred in the case appealed since the appeal was granted which renders the issues therein merely moot questions, the appeal should be dismissed. State ex rel. v. Shinnick, 19 S.W.2d 676. (2) Counsel complain, at page 4 of their brief on the merits, in this fashion: That statement is untrue.
Jones Hocker, Gladney & Grand and Lon O. Hocker for respondent.
None of the appellant's assignment of errors alleges any legal point as to why the court's ruling was error. They simply allege that each ruling was error without any assigned reason. This may be sufficient as a mere assignment of error but it is the function of the points and authorities to point out why the court's action was error. Pence v. Service Company, 332 Mo. 930; Aulgur v. Strodtman, 329 Mo. l. c. 742. Most, if not all, of the points are general and abstract, not directed to any particular ruling or instruction. For this reason practically all of them are insufficient as points, in that they do not indicate why or for what reason the court erred and so do not comply with Rule 15. Majors v. Malone, 100 S.W.2d l. c. 303; Burch v. Railroad Co., 40 S.W.2d l. c. 693; Scott v. Railroad Co., 333 Mo. 389. This court has always condemned points containing merely abstract statements. Bond Co. v. Palm, 220 S.W. l. c. 673.
This case comes to the writer on reassignment. This is an action for libel, on account of articles published in respondent's newspaper during the November, 1938, campaign in which the appellant was the Republican candidate for judge of the twenty-first judicial circuit. The jury returned a verdict for the respondent and judgment was accordingly entered thereon. From this adverse judgment, the appellant has duly appealed to this court.
From the view we take of this case, it will be unnecessary to state the facts on the merits of the case, as we think appellant's brief is insufficient to preserve anything for our review.
" Metropolitan Properties Co. v. Rideout et al., 346 Mo. 787, 142 S.W.2d 1055, l. c. 1056.
The brief contains twenty-four assignments of error which are very general. The specifications may be good as assignments of error, but, standing alone, they do not comply with Rule 15, requiring a statement of the particular point relied on. Moreover, assigned error not included in points relied upon, as required by our Rule 15, will be treated as abandoned. Farasy v. Hindert, 82 S.W.2d 573.
We will not lengthen this opinion by setting forth the assignments of error, but will set forth that part of appellant's brief which has as a heading, Points and Authorities, and is as follows:
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