Opinion
Civil No. 2771.
Filed April 26, 1929.
APPEAL AND ERROR — APPELLANT'S FAILURE TO FILE ABSTRACT AND TRANSCRIPT PRESENTING EVERY QUESTION, AS REQUIRED BY COURT RULE, REQUIRES AFFIRMANCE (SUPREME COURT RULE 4). — Failure of appellant to prepare and file abstract and transcript presenting every question, in accordance with Supreme Court Rule 4, requires an affirmance of judgment, since the court will not examine original pleadings and record to supply deficiency.
See Appeal and Error, 4 C.J., sec. 2224, p. 483, n. 87.
APPEAL from a judgment of the Superior Court of the County of Maricopa. M.T. Phelps, Judge. Judgment affirmed.
Messrs. Kibbey, Bennett, Gust, Smith Lyman, for Appellant.
Mr. Joseph E. Morrison, for Appellee.
Appellant in this case has wholly failed to file any abstract of record or copies of the reporter's transcript of evidence as provided by Rule 4 of this court. It is the duty of counsel appealing a case to prepare and file such an abstract and transcript as will present every question which it is desired that the court shall review. Nor will the court examine the original pleadings and record to supply this deficiency. Liberty Mining Smelting Co. v. Geddes, 11 Ariz. 54, 90 P. 332; Donohoe v. E.P. S.W.R.R. Co., 11 Ariz. 293, 94 P. 1091; Daggs v. Howard Sheep Co., 16 Ariz. 283, 145 P. 140; Martin v. Bankers' Trust Co., 18 Ariz. 55, Ann. Cas. 1918E 1240, 156 P. 87.
The assignments of error in appellant's brief are such that we cannot consider them intelligently in this state of the record, and the judgment of the trial court is necessarily affirmed.