124 So. 91 | Ala. | 1929
The appeal is from a decree sustaining a demurrer to the bill as amended. The sole assignment of error is the rendition of this decree, and the argument of counsel, in substance, is but a repetition of the assignment of error. This does not "reach the dignity of an insistence" thereon, and, under the uniform decisions of this court, the assignment must be considered as waived. Republic Iron Steel Co. v. Quinton,
There appears a statement that additional brief will be filed, but no such brief has reached us. We may add, however, that under our authorities additional brief could have no retroactive effect and restore vitality to an assignment which had been waived on submission of the cause. See L. N. R. R. Co. v. Holland,
The decree is affirmed.
Affirmed.
ANDERSON, C. J., and BOULDIN and FOSTER, JJ., concur.