North Mountain Water Supply Co. v. Troxell

Citations

• 223 Pa. 315
• 72 A. 621
• 1909 Pa. LEXIS 532

Syllabus

<p>Appeals — Assignments of error — Defective assignments — Preliminary injunction — Failure to set out decree — Failure to print docket entries— Paper-book.</p> <p>1. Assignments of error are part of the pleadings in an appellate court, and they must be complete within themselves, disclosing the cause of the alleged error. They take the place of a statement of the cause of action in the trial court, and if they do not embody or contain sufficient averments or show that the appellant has a cause of action they are insufficient and must be disregarded. There must be an issue framed by the pleadings in the appellate court as well as in the trial court, so that the record will disclose what has been decided by the judgment of the court.</p> <p>2. On an appeal from a decree awarding a preliminary injunction, the appellant must incorporate in his assignments of error the decree awarding the preliminary injunction. An assignment which merely avers that “the court erred in granting the preliminary injunction,” is insufficient.</p> <p>3. It is a palpable violation of the rules of the Supreme Court for the appellant to fail to print in his paper-book the decree from which the appeal was taken, and a literal copy of the docket entries as they appear on the record of the court below.</p>