Wilson v. McClendon, 7 Div. 196
Decision Date | 06 August 1953 |
Docket Number | 7 Div. 196 |
Citation | 66 So.2d 924,259 Ala. 382 |
Parties | WILSON et al. v. McCLENDON et al. |
Court | Alabama Supreme Court |
Roy D. McCord and Rowen S. Bone, Gadsden, for appellants.
Patterson & Nabors, Gadsden, for appellees.
Appellees insist that appellants' brief fails to comply with Supreme Court Rule 10, and, as a consequence, the assignments of error, even if made in compliance with Supreme Court Rule 1, should be considered as waived. Code 1940, Tit. 7, Appendix, Rules 1 and 10, Rules of Practice in the Supreme Court. We are constrained to agree with this insistence.
There are six assignments of error. Appellants' brief recites that 'All of the assignments of error raise practically the same proposition.' But it is not at all clear what the particular error is which appellants rely on for a reversal. Although the provisions of Rule 10 will be liberally construed, still there must be sufficient compliance therewith to enable the court to ascertain the point relied on for reversal. This court, speaking through the late Mr. Chief Justice Gardner in Ogburn-Griffin Grocery Co. v. Orient Insurance Company, 188 Ala. 218, 224, 66 So. 434, 435, had this to say with reference to Rule 10:
If there is a failure to comply with Rule 10, there is, as a consequence, a failure to insist upon errors assigned; and it has been consistently...
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National Ass'n for Advancement of Colored People v. State
...Ogburn-Griffin Gro. Co. v. Orient Ins. Co., 188 Ala. 218, 66 So. 434; Bransford v. Glennon, 216 Ala. 72, 112 So. 341; Wilson v. McClendon, 259 Ala. 382, 66 So.2d 924. Our determination of this appeal does not require examination beyond appellant's brief. The brief contains an adequate 'Stat......
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First Nat. Bank of Birmingham v. Brown
...argument of the assigned error, so that the court may ascertain from the brief the point relied on for a reversal. Wilson v. McClendon, 259 Ala. 382, 66 So.2d 924; Propst v. Brown, 250 Ala. 282, 34 So.2d 497; Wetzel v. Hobbs, 249 Ala. 434, 31 So.2d 639. The same insufficiency of argument ex......
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Reynolds v. Burkhalter
...upon errors assigned; and that the failure to insist upon errors assigned is a waiver and an abandonment of them. Wilson v. McClendon, 259 Ala. 382, 383, 66 So.2d 924; Morgan County v. Hill, 257 Ala. 658, 659, 60 So.2d 838; Alabama Power Co. v. Thompson, 250 Ala. 7, 10, 32 So.2d 795, 9 A.L.......
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Aday v. Aday
...upon errors assigned; and that the failure to insist upon errors assigned is a waiver and an abandonment of them. Wilson v. McClendon, 259 Ala. 382, 383, 66 So.2d 924; Morgan County v. Hill, 257 Ala. 658, 659, 60 So.2d 838; Alabama Power Co. v. Thompson, 250 Ala. 7, 10, 32 So.2d 795, 9 A.L.......