Summary
recognizing appellant's responsibility to inform the court of "the specific errors relied on and the grounds and supporting facts and authorities therefore"
Summary of this case from Dixon v. HartleyOpinion
No. 16,750.
Decided March 9, 1953. Rehearing denied April 20, 1953.
An action for damages for fraud and deceit. Judgment for plaintiff.
Affirmed.
1. PRACTICE AND PROCEDURE — Appeal and Error — Rules. On review of a cause in the Supreme Court, counsel for plaintiff in error failing in many respects to comply with the court's rules of civil procedure, the judgment is affirmed.
2. Briefs — Appeal and Error. In considering a cause on review of a judgment of trial court, the Supreme Court will not search through briefs to discover errors upon which plaintiff in error relies, and then search through the record for supporting evidence. Those are matters upon which counsel should advise the court, failing in which, the judgment will be affirmed.
Error to the District Court of the City and County of Denver, Hon. William A. Black, Judge.
Mr. JOHN T. DUGAN, for plaintiffs in error.
Mr. ALBERT COHEN, Mr. ALEX STEPHEN KELLER, for defendant in error.
OUR Rules of Civil Procedure apparently having been confusing to the bar as to the distinction between the "Specification of Points" relied on for reversal on error, required by Rule III(f), and the "statement of each point intended to be urged, required by Rule 115 (c), have been amended to eliminate specification of points, and now require by Rule 111 (f), in lieu of the former requirements that "each party in his brief in his summary of the argument required by Rule 115 (c) shall state clearly and briefly the grounds upon which he relies in seeking a reversal * * *."
Rule 115 (c) further required that: "Every brief filed in the supreme court, expect one filed in support of or in opposition to a motion at an application for supersedeas shall contain Separately in the order following: "(1) A subject index of the entire brief. (2) A table of all cases and statute cited * * *. (3) The statement of case as required by subdivision (a) of this rule. (4) A concise summary of the argument setting forth clearly and succinctly the grounds relied on by the party presenting the brief as required by Rule 111 (f). (5) The argument exhibiting clearly, separately, and without unnecessary repetition the points of fact and law being presented * * *."
The brief of plaintiffs in error, upon which reversal of the judgment of the trial court is sought, contained no subject index and no summary of the argument, separately or otherwise, and no other provision for advising this court of the grounds relied on for reversal. There is no separate statement of the case, as required by Rule 115 (a) and (c), and the part of the brief which might be considered as intended for such statement is intermingled with argument; the statement of facts is not supported by references to folio numbers of the record, and verdict and judgment sought to be reviewed are not set forth.
Our Court will not search through briefs to discover what errors are relied on, and then search through the record for supporting evidence. It is the task of counsel to inform us, as required by our rules, both as to the specific error relied on and the grounds and supporting facts and authorities therefor.
The judgment is affirmed.