178 Iowa 1275 | Iowa | 1917
I. The defendant, a corporation, entered into a written contract, employing plaintiff as sales manager, corresponding clerk, writer of advertising, and as general employee, for one year from September 1, 1914, at the rate of $150 per month and personal expenses when absent on business. The petition alleges that plaintiff rendered services under this contract up to January 18, 1915, and asks judgment for unpaid salary in the sum of $185.
“Each affirmative defense shall be stated in a distinct division of the answer, and must be sufficient in itself, and must intelligibly refer to that part of the petition to which it is intended to apply.”
Appellant appears to have interposed the two counts discussed, on the theory that plaintiff would be called upon
IV. The assignment of error reads:
“The Supreme Court . . . shall constitute a court for the correction of errors at law, under such restrictions as the general assembly may by law prescribe.”
Its function being to correct errors, it may exact that these errors be pointed out in some way, in order that it may know what correction it is called upon to make. No precise form is prescribed for so doing. It is enough if the particular ruling is indicated which is claimed to have-been erroneous.
As was said in Cooper v. City of Oelwein, 145 Iowa 181, this court is entitled to know the errors relied on for reversal, and this much is exacted by Rule 53 of this court:
“The record will no more be searched to ascertain the rulings hinted at, but not stated, than formerly; but, to entitle the appellant to a hearing thereon, the particular ruling complained of must be indicated, and where to bes found*1280 in the record pointed ont. This is the least that can be exacted from an appellant.”
The rule referred to also exacts that:-
“Following this, the brief shall contain, under a separate heading of each error relied on, separately numbered propositions or points, stated concisely, and without argument or elaboration, together with the authorities relied on in support of them,; and in citing cases, the names of parties must be given, with the book and page'where reported. . . . No alleged error or point, not contained • in this statement of points, shall be raised afterwards, either by reply brief, or in oral or printed argument, or on petition for rehearing.”
Though it is greatly to be preferred that no errors other than those relied on be assigned, and that numbering always follow the rule prescribed, and that the brief point concisely state the rule contended for in connection with alleged error, substance ought never to be sacrificed for mere form; and no litigant should be denied a hearing if the ruling complained of is clearly apparent from the recital of errors relied on for reversal and the brief points following. The manner of preparing briefs is of great importance to this court. We are in a situation to know better than others can how the points raised may best be impressed on the attention of the court, the order of argument that will facilitate the study of these poirfts and avoid oversight; in short, how counsel may best aid the court to the complete mastery of the questions involved. Such is the purpose of submitting briefs, and for these reasons, counsel cannot too strictly observe these rules therefor, which have been adopted on great consideration. The appellant has not presented the alleged errors in rulings on admissibility of evidence in a manner to permit their review. — Affirmed.