Shanks v. Carroll

Citations

• 50 Tex. 17

Syllabus

<p>1. New rules—Taking appeal to Supreme Court.—A failure to observe the rules prescribed by this court regulating the manner of ■ bringing cases before it, is a sufficient ground, in the discretion of the court, for the dismissal of an appeal or writ of error, unless good cause is shown why the rules were not observed.</p> <p>2. Same—Practice in Supreme Court.—1The leading purpose in requiring the assignment of errors and copy of brief to be filed in the time and manner prescribed in the rules, was to facilitate attorneys in representing their cases in the Supreme Court without appearing before it in person. (Sup. Ct., R. 40.)</p> <p>3. Briefs of the appellant or plaintiff in error.—1The brief, after a general and succinct statement of the nature and result of the suit as introductory, must exhibit, (1) in the shape of a separate proposition, each point embraced in each assignment of error taken ; (2) ■ then, under' each point thus presented as a proposition for the reversal of the judgment, there must be presented the substance of such proceedings contained in the record necessary for the court to know, in determining whether the judgment should he reversed, and (3) a citation of the authorities relied upon.</p> <p>4. Propositions.—In each proposition should he propounded or affirmed some matter or thing done or refused to be done in the court below, embraced in the appropriate assignment of error, for which the judgment should be reversed, or sustained.</p> <p>5. Brief of appellee or defendant in error.—Rules as to briefs by the appellee or defendant in error discussed and illustrated.</p> <p>G. Appeal dismissed.—See case where appeal wa.s dismissed for failure to comply with the rules prescribed for taking and perfecting appeals, failure to file assignment of errors within the prescribed time, and failure to file briefs formed under the rules.</p>