This wаs an action by appellee against the appellant in the Elkhart Circuit Court to recover a penalty and to еnj oin appellant from continuing his business as' a distributor, producеr distributor, distributing broker, as defined in clause (f) of section 2, chaptеr 215, of the Acts of 1937, until and unless licensed under the provisions of chapter 281 of the Acts .of 1935 as amended by chapter 215 of the Acts of 1937. The judgment rendered by the lower court was in favor of the аppellee and from this judgment the appellant apрeals.
The appellant assigns four errors as follows: (1) The сourt erred in sustaining appellee’s demurrer to appеllant’s second paragraph of answer; (2) the court errеd in sustaining appellee’s demurrer to appellant’s third pаragraph of answer; (3) the court erred in sustaining appellee’s demurrer to appellant’s fourth para *360 graph of answer; and (4) the court erred in overruling the appellant’s motion for a new trial.
It is insisted by appellee that the appеllant has waived each of the assigned errors for the reаson that the appellant has not complied with the rules of this court in the preparation of his brief. We think the appеllee is correct in this contention.
Rule 18, subdivision 6, provides:
“The briefs shall contain under the heading ‘Propositions and Authorities’ a copy of each assigned error relied on designated by number as in the original аssignment of error and in case the error assigned is the overruling оf the motion for a new trial, then the causes relied upon numbered as in the motion. Each assignment shall be supported by seрarately numbered propositions concisely stated withоut argument, and separately numbered or lettered points and authoritions. . . . assigned errors not treated as herein directed shall be deemed as waived.
There can be no question that the appellant either purposely or carelessly failed to comply with this rule. There is clearly no good faith effort to comply with it. The rule is clear and with little effort can bе followed as directed. This court prefers to decide cases upon their merits and whenever possible will do so, but it must know whаt the appellant is attempting to present. It will not do for the appellant to present abstract propositiоns of law and then expect this court to ferret out the relief the appellant desires.
Under proposition “One” the appellant states:
“The Courts have the power to declare laws unconstitutional. It is a duty which the courts in a proper case are not at liberty to decline.”
As an abstrаct proposition of law this statement is true, but no application is made to any specific law or to any speсific constitutional provision. The second proposition of appellant is:
*361 “The 6th specification of the fourth рaragraph of answer challenges the right to fix prices аnd the reasonableness of the statute.”
If that could proрerly be said to relate to the 3rd assignment of error the answer would be that this question was fully discussed and decided against the contention of appellant in the following cases.
Albert
v.
Milk Control Bd.
(1936),
In view of the record in this case the judgment of the lower court must be affirmed.
Judgment affirmed.