Price v. Swartz

• Decision Date: 12 March 1912
• Docket Number: 7,551
• Citation: 97 N.E. 938,49 Ind.App. 627
• Parties: PRICE ET AL. v. SWARTZ
• Court: Indiana Appellate Court

97 N.E. 938

49 Ind.App. 627

PRICE ET AL. v. SWARTZ

No. 7,551

Court of Appeals of Indiana

March 12, 1912

From Lake Circuit Court; Willis C. McMahan, Judge.

Action by Milbert F. Price and Louis E. Lyons, partners, doing business under the name of the Puritan Manufacturing Co. against Harry D. Swartz. From a judgment for defendant plaintiffs appeal.

Affirmed.

C. W Morton and Milton Remley, for appellants.

Herbert S. Barr and Harold H. Wheeler, for appellee.

OPINION

ADAMS, J.

Rule twenty-two of the Supreme Court and this court provides that "the brief of appellant shall contain a short and clear statement, disclosing: (1) The nature of the action. (2) What the issues were. (3) How the issues were decided, and what the judgment or decree was. (4) The errors relied upon for reversal. (5) A concise statement of so much of the record as fully presents every error and exception relied on, referring to the pages and lines of the transcript. If the insufficiency of the evidence to sustain the verdict or finding in fact or law, is assigned, the statement shall contain a condensed recital of the evidence in narrative form so as to present the substance clearly and concisely."

It has often been held that appellant's brief must be so prepared that all questions presented by the assignment of errors can be determined from an examination of the brief, without looking at the record, and to the extent that the rules are complied with, the errors assigned will be determined, and others will be considered waived. Chicago, etc., R. Co. v. Wysor Land Co. (1904), 163 Ind. 288, 69 N.E. 546, and cases cited.

Appellants' brief in this case does not disclose how the issues were decided nor what the judgment was. The errors relied on for reversal are not set out, nor is any reference made in the brief to the assignment of errors. There is no recital of the evidence in narrative form, but forty pages of appellants' brief are devoted to extracts from the evidence, in the form of questions and answers. At the close of the argument, appellants ask that the judgment be reversed, and a new trial granted on account of the error of the court in overruling their motion for a new trial. Neither the motion for a new trial, nor the substance thereof, is set out in the brief. We have, however, examined the motion, as it appears in the record, and find that the insufficiency of the evidence to sustain the verdict is not...