The opinion
HYDE, Judge.
I concur in the dismissal of this case for the following reasons. Wheirthis case was first called in Division 1, at the January 1953 Seision, defendant’s motion to dis *650 miss then on file, pointed out the defects in plaintiff’s brief and also showed that plaintiff had not filed a proper transcript. Upon plaintiff’s request, we continued the case to the April 1953 Session to permit him to file a full transcript, which plaintiff did. However, plaintiff made no effort to correct the defects in his brief. Nevertheless, to determine whether the interests of justice required us todecide the case on the merits in spite of the glaring failures of the brief, to comply with Rule 1.08, we did carefully read the transcript and made the research necessary to decide the case. A.majority of the Judges of Division No. 1. felt it could be determined from plaintiff’s brief taken as a whole that he was complaining of the Court’s action in setting aside plaintiff’s judgment on the ground that he did not make a submissible case, and in finding error in instructions given at plaintiff’s request, so an opinion on the merits was written affirming the Court’s alternative order granting a new trial because of error in instructions but reversing his” order entering judgment for defendant. The case was transferred to the Court en Banc on a dissent. The Divisional opinion fully- stated the defects in plaintiff’s brief, pointed, out in detail the requirements of Rule 1.08. and showed how compliance with them could be made. In spite of all this, plaintiff did not file a new brief in Banc as he could have done, see Hall v. Brookshire, Mo.Sup., 267 S.W.2d 627 , made no effort to correct any of the defects and did not appear at the -oral argument. Therefore, it is reasonable to say that this Court should not continue to help those who will not help themselves after having ample opportunity to do so.
Because we believe our primary duty is to litigants rather than to counsel who represent them, we have stated in Rule 1.15 that a case will not be dismissed for violation of appellate procedural rules if “the interests of justice otherwise require”; and have stated in Rule 1.28 that our “rules shall be liberally construed to promote justice, to minimize the number of cases disposed of on procedural questions and to facilitate and increase the disposition of cases oil the merits.” However, there must be limits to our undertaking to do work that counsel should have done on his brief, not only because we would be doing work that is not properly ours, but also because in doing this in the attempt to decide a particular case on the merits we are deprived of the benefit of the views and research of opposing counsel on new matter thus developed by the Court on its own initiation. In this case, we do not even know whether plaintiff agrees with or is willing to accept the theory of our Divisional opinion which is different from any theory advanced by him.
The requirements of Rule 1.08 most frequently violated are those in (a) (3) providing that an appellant’s brief shall contain: “The points relied on, which shall specify the allegations of error, with citation of authorities thereunder”. Many briefs have been filed recently in which no allegations of error were specified in the points relied on. That is, no statement is made as to what the Court did that is claimed to be wrong, but there are only abstract statements of law without any showing of how they are related to anything the Court did. Thus this Court cannot tell from the “points” what trial court rulings are complained of and must search the whole brief (and sometimes the transcript) before we can be sure what action of the trial court is sought to be reviewed. On the other hand, many briefs have “points” which are only allegations of error (stated as in the motion for new trial) but do not state any reasons why it is contended that the Court erred in making the ruling which is said to be erroneous. In neither case can this Court tell from the “points” just what the appellant’s contentions are and must waste time trying to determine this from other parts of the brief or the transcript. When Rule 1.08 (a) (3) is properly complied with the “points” constitute a short and concise outline of the part of the brief called “an argument.” Rule 1.0,8 (a) (4). The only real difference between our former Rule 15 (See Vol. 351 Missouri Reports, or prior volumes) and Rule 1.08, as to this matter, is that it was previously required that assignments of error should be stated separately and fol *651 lowed by. a statement of the points relied on. Now, under Rule 1.08 (a) (3), these are combined. This term “allegations of error” comes from Sec. 512.160(1) which refers to allegations of error presented to the trial court in the motion for new trial. All that is required to comply with Rule 1.08 (a) (3) is a concise statement of what the Court did that is claimed to be wrong and a concise statement of why it is contended the Court was wrong. The purpose of haying this in the “points relied on” is to, tell the Court what the appellate issues are so it will know what the argument is about. Compliance with these requirements will enable counsel to make a better presentation for their clients and greatly assist the Court in the administration of justice.