Southwick v. Southwick

• Decision Date: 17 February 1903
• Citation: 99 Mo. App. 156,72 S.W. 477
• Parties: SOUTHWICK v. SOUTHWICK.
• Court: Missouri Court of Appeals

72 S.W. 477

99 Mo. App. 156

SOUTHWICK v. SOUTHWICK.

Court of Appeals at St. Louis, Missouri.

February 17, 1903.

APPEAL — PRACTICE — BRIEF — INSUFFICIENCY — DISMISSAL.

1. Under Rev. St. 1899, § 863, requiring each party to a civil appeal to furnish a clear statement of the case and the points to be insisted on, and Court of Appeals Rule 15 (67 S. W. ix), requiring the appellant to file briefs containing a concise statement of the pleadings and facts shown by the record, etc., an appeal will be dismissed where the only reference to the pleadings or facts is contained in the parenthetical sentence, "See petition and evidence in the case."

Appeal from circuit court, Oregon county; William N. Evans, Judge.

Action between S. G. Southwick and Lizzie Southwick. From a judgment for the former, the latter appeals. Appeal dismissed.

Alf. Harris, for appellant. S. M. Meeks, for respondent.

BLAND, P. J.

Rule 15 of this court (67 S. W. ix) requires the appellant in a civil case to file with the clerk of the court, at least one day before the cause is called for trial, four copies of a brief containing: "First. A clear and concise statement of the pleadings and facts shown by the record. Second. An enumeration in numerical order of the points or legal propositions made or relied on, accompanied by the citation of authorities supporting each proposition," etc. Section 863, Rev. St. 1899, requires that on appeal or writ of error each party, on or before the day next preceding the day on which the cause is docketed for hearing, shall make out and furnish the court with a clear and concise statement of the case and the points intended to be insisted on in argument. Rule 15 is the court's interpretation of this statute. Appellant has substantially complied with the second requirement of the statute by stating the propositions relied on for a reversal of the judgment, but has utterly failed to comply with the first requirement of the rule. The only reference to the pleadings or the facts made in her brief is the following parenthetical sentence, to wit: "See petition and evidence in the case." The penalty for failure of appellant to comply with rule 15 is that the court shall dismiss the appeal or reset the case. See rule 19 (67 S. W. ix). We have not been asked to reset the case; therefore we dismiss the appeal.

REYBURN and GOODE, JJ., concur.