Ferslew v. Andersen

California Court of Appeal Jan 23, 1936 No. Civ. No. 10780Published

Before: McComb

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Holding. The court dismissed the appeal because the appellant failed to comply with Rule VIII, section 2, which requires the question involved on appeal to be set forth on the first page of the opening brief.

Issues

Whether the appellant complied with Rule VIII, section 2 of the Rules of the Supreme Court and District Courts of Appeal.

Disposition. dismissed

Quotations verified verbatim against the opinion

“In the instant case there is a total absence of a compliance with the foregoing rule.”

“This court cannot assume the task of searching the record for the purpose of discovering errors not pointed out by counsel.”

“For the foregoing reasons the appeal is dismissed.”

McCOMB, J., pro tem. This is an appeal from a judgment in favor of respondent after a trial before a court without a jury.

Appellant has not observed the provision of Rule VIII, section 2, of this court, which requires that the question involved on appeal in a civil action be set forth on the first page of the opening brief without any other matter appearing thereon. (Rule VIII, sec. 2, p. 10, Rules of the Supreme Court and District Courts of Appeal of the State of California.)

In the instant case there is a total absence of a compliance with the foregoing rule. This court cannot assume the task of searching the record for the purpose of discovering errors not pointed out by counsel. It is the duty of counsel to comply with Rule VIII, supra, in its entirety.

For the foregoing reasons the appeal is dismissed.

Grail, P. J., and Wood, J., concurred.

Ferslew v. Andersen

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