Opinion

McLeod v. Adams

  • 218 Ala. 424
  • 118 So. 636
  • 1928 Ala. LEXIS 310
Court
Supreme Court of Alabama
Filed
Jun 28, 1928
Status
Published
On the bench
Anderson, Brown, Foster, Somerville, Thomas
Cited by
8 cases
Authority
More cited than 85.4%

The opinion

The provisions in the Code, § 6110 (Grand United Order, etc., v. Workman [Ala. Sup.] 117 So. 659 1 ), or those of section 6095, do not relieve the appellants of the required duty of assigning errors according to the prevailing rules of law in this jurisdiction. Williams v. State, 215 Ala. 586 , 112 So. 193 ; Stokes v. Stokes, 212 Ala. 190 , 101 So. 885 .

"An assignment of errors in the transcript on appeal is not dispensed with by the rule in respect of abstracts." Cottingham v. Armour Packing Co., 109 Ala. 421 , 19 So. 842 . The provisions for assignment of errors, Supreme Court Rules 1-4, vol. 4, Code, pp. 880, 881, or constructions thereof, Hall v. Pearce, 209 Ala. 397 , 96 So. 608 ; Merchants' Bank of Mobile v. Zadek, 207 Ala. 84 , 91 So. 815 ; Tuskaloosa Cotton-Seed Oil Co. v. Perry, 85 Ala. 158 , 4 So. 635 ; Haney v. Conoly, 57 Ala. 179 ; Erwin v. Reese, 54 Ala. 589 , or those for cross-assignment of errors or constructions thereof, section 6091, Code; Hames v. Irwin, 214 Ala. 422 , 108 So. 253 ; P. B. Yates Mach. Co. v. Taylor, 215 Ala. 311 , 110 So. 396 , do not warrant our ignoring the rule or statute.

There being no assignment of errors indorsed on the record, the judgment is affirmed.

Affirmed.

ANDERSON, C. J., and SOMERVILLE and BROWN, JJ., concur.

1 Ante, p. 37.

On Rehearing.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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