Wootan v. Roten
Decision Date | 08 November 1917 |
Docket Number | Civil 1569 |
Citation | 168 P. 640,19 Ariz. 235 |
Parties | FRANK WOOTAN, Appellant, v. DAN A. ROTEN, Appellee |
Court | Arizona Supreme Court |
APPEAL from a judgment of the Superior Court of the county of Graham. A. G. McAlister, Judge. Affirmed.
Mr John C. Gung'l, for Appellant.
Mr. E L. Spriggs, for Appellee.
The appellant in his brief presents to this court his grievances in the following form:
The law makes it the duty of this court, upon an appeal from the final judgment, to review all orders and rulings made by the court below which are assigned as error. Paragraph 1231, Civil Code. There is no obligation or disposition however, upon the part of the court to notice orders or rulings for errors, except fundamental ones, unless error is predicated upon them by proper assignment. Subdivision 1, rule 8, of the rules of this court, provides that:
"All assignments of errors must distinctly specify each ground of error relied upon, and the particular ruling complained of."
In the above specifications of error the appellant indicates the particular ruling complained of, but he does not in any way point out or specify any ground of error in such ruling. He states no fact that would advise the court or opposing counsel what he intends to insist upon as the error committed in the trial. He predicates his complaint upon no issuable fact; he states no "ground of error relied upon." Corpus Juris, in speaking of the nature and object of assignments of error, says:
The Arizona decisions are in harmony with the above-quoted text. United States v. Tidball, 3 Ariz. 384, 29 P. 385.
It is not the purpose of this court to lay down a rule requiring the appellant to state the causes of error that he relies upon with complete fullness and accuracy, but we cannot permit a total disregard of...
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Schaefer v. Duhame
... ... 993; ... Reid v. Van Winkle, 31 Ariz. 267, 252 P. 189. Nor ... can argument in appellant's brief take the place of ... proper assignments. Wootan v. Roten, 19 Ariz. 235, ... 168 P. 640; Pinal County v. Heiner, 24 Ariz. 346, ... 209 P. 714; Reid v. Van Winkle, supra." ... Likewise, ... ...
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Pinal County v. Heiner
...of the record for fundamental error. If this be disclosed it should be considered; otherwise the judgment should be affirmed. Wootan v. Roten, supra. appears from the findings that the county printing for 1920 was awarded as follows, the lowest and best bidder in each instance being the suc......
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Miller v. Kearnes
...error. Thornburg v. Frye, 44 Ariz. 282, 36 P.2d 548, and cases cited therein. Nor are they aided by argument in the brief. Wootan v. Roten, 19 Ariz. 235, 168 P. 640; Reid v. Van Winkle, 31 Ariz. 267, 252 189. We think, however, that the first and sixth assignments are sufficient to cause us......
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Thornburg v. Frye, Civil 3450
... ... 993; Reid v. Van Winkle, 31 Ariz. 267, 252 ... P. 189. Nor can argument in appellant's brief take the ... place of proper assignments. Wootan v ... Roten, 19 Ariz. 235, 168 P. 640; Pinal ... County v. Heiner, 24 Ariz. 346, 209 P. 714; ... Reid v. Van Winkle, supra ... The ... ...