Kershner v. Trinidad Mill. & Min. Co.

Citations

• 26 N.M. 73
• 189 P. 658

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Assignments of error examined and held sufficient. P. 73</p> <p>2. A general rule as to the form and sufficiency of assignments of error is stated as follows: (1) Each error complained of must he separately pointed out. (2) Each assignment must specifically refer to some action or ruling of the lower court which it is sought to review. (3) Each act or ruling of the court occurring' either prior or subsequent to the final judgment, and which it is sought to review, must he separately and specifically pointed out. (4) An assignment attacking the judgment presents only such error as inheres in the judgment itself. (5) Reasons why any given action of the trial court is deemed to be erroneous are in the nature of arg'ument, and are not only not required in an assignment of error, but are entirely improper, and should be found only in the brief. P. 91</p> <p>3. A motion to strike from the files assignments of error is not a proper remedy to search the record and to present the question as to whether error has been properly saved in the court below or is otherwise unavailable. P. 91</p>