Yiatros v. Cole

• Decision Date: 03 October 1946
• Docket Number: No. 17522.,17522.
• Citation: 117 Ind.App. 19,68 N.E.2d 657
• Parties: YIATROS v. COLE et al.
• Court: Indiana Appellate Court

117 Ind.App. 19

68 N.E.2d 657

YIATROS

v.COLE et al.

No. 17522.

Appellate Court of Indiana, in Banc.

Oct. 3, 1946.

Appeal from Superior Court, Lake County; Homer E. Sackett, Judge.

Action by Nicholas Yiatros against Arthur V. Cole and another. From a judgment sustaining a demurrer to plaintiff's amended complaint, plaintiff appeals. On motion of named defendant to dismiss the appeal.

Appeal dismissed.Glaser, Glaser & Block, of Gary, and David J. Bentall, of Chicago, Ill., for appellant.

Wildermuth, London & Nehrig, of Gary, for appellee Arthur V. Cole.

HAMILTON, Chief Judge.

Appellee Arthur V. Cole has filed a motion to dismiss this appeal for the reason that appellant has wholly failed to prepare and file a brief upon the assignment of errors in accordance with the requirements of Rule 2-17 of the Rules of the Supreme Court, 1943 Edition.

An examination of the appellant's brief discloses that appellee's objections are well taken.

No attempt or effort whatsoever has been made by appellant to comply with the requirements of Rule 2-17, supra, in the preparation of his brief.

The error assigned in this court is the ruling of the trial court in sustaining a demurrer to appellant's amended complaint. Appellant's brief does not set forth the amended complaint or the substance thereof. It does not set forth the demurrer or the memoranda attached thereto or the substance of either. The ruling of the lower court on the demurrer and the judgment rendered, if any, are not set forth, nor the substance thereof stated. Under the section of the brief entitled ‘Propositions and Authorities,’ the brief states only that: ‘The Court erred in sustaining the defendants' demurrer to plaintiff's amended complaint, and in dismissing plaintiff's suit. (R. 20, Assignment of Errors Nos. 3 and 4.)’ The above is then followed by a section entitled ‘Argument.’ The brief wholly fails to treat the errors alleged in the order set out in the assignment and wholly fails to apply any principle of law to any alleged error. The brief does not contain any propositions or points and wholly fails to cite a single authority or any reason in support of any point or proposition. There is no index in the brief.

In short, there is an absolute failure to comply with the requirements of Rule 2-17, supra, in the preparation of appellant's brief and there is not a semblance of a good faith effort to comply with said rule.

There is nothing in appellant's brief by which this court can determine the sufficiency of the amended complaint without resorting to and searching the record; and this the court is not required so to do. Major v. Kaplan, 1943, 113 Ind.App. 486, 48 N.E.2d 82;Crousore v. Crawley, 1943, 113 Ind.App. 529, 48 N.E.2d 834;...