5 Indian Terr. 451 | Ct. App. Ind. Terr. | 1904
The only assignment of error filed by appellant is as follows: “The errors relied upon are set forth in detail in the-motion for new trial given above. We consider it unnecessary to repeat them.” The motion for new trial is as follows: “First. Because of error in the assessment in the amount of recovery. Second. Because the verdict is not sustained by sufficient evidence. Third. Because the verdict is contrary to law. Fourth. Because the court erred in giving to the jury instruction No. 1 over the objection of the defendant, to which the defendant then and there at' the same time excepted. Fifth. Because the court erred in giving to the jury instruction No. 2 over the objection of the defendant, to which the defendant there at the time excepted. Sixth. Because the court erred in giving to the jury instruction No. 3 over the objection of the defendant, to which the defendant then and there at the time excepted;. Seventh. Because the court erred in giving to the jury instruction No. 4 over the objection of the defendant, to which the defendant then and there at the time excepted. Eighth. Because the court erred in refusing to give to the jury instruction No. 1 asked for by the defendant, to which the defendant then and there at the time excepted. -Ninth. Because the court erred in permitting evidence to go to the jury over the objections of the defendant, to which evidence the defendant then and there at the time excepted, which evidence is fully set forth in the bill of exceptions. Tenth. Because the court erred in permitting to go to the jury, over the objection of the defendant, certain statutes of the state of Alabama, and copy of transcript of judgment of the Tuscaloosa law and equity court, the same not being authenticated as required by law, to which action of the court in adhiitting the aforesaid evidence the defendant then and there at the time excepted, and still excepts. Eleventh. Because the court erred in charging the jury that they were to . allow the plaintiff interest at the rate of 8 per cent, per annum, over the objections of the defendant, to which defendant then
Appellant, for his ninth cause for new trial, states samo as follows: “Ninth. Because the court erred in permitting evidence to go to the jury, over the objections of the.defendant, to which evidence the defendant then and there at the time excepted, which evidence is fully set forth in the bill of exceptions.” As it is not designated to what the evidence points, it is too indefinite, and we doubt if we could discover from an examination of the bill of exceptions the evidence to which appellant alludes as this ground of his motion. In Edmonds vs State, 34 Ark. 737, the court say: “The fifteenth and sixteenth grounds are^general assignments that the court erred in admitting and excluding evidence, pointing to nothing, and are too indefinite.” In going through the record, which we have examined with some care, we observed quite a number of objections interposed by the defendant to certain testimony offered by plaintiff, which objections were overruled by the court, and exceptions saved by defendant. The appellee insists that this appeal should be dismissed for noncompliance with the rules of this court. Rule 10b 4 Ind. Ter. Rep. 754 is as follows: “A specification of the errors relied upon in law cases shall set out separately and particularly each error asserted and intended to be urged; and in equity cases the spcification shall state, as particularly as may be, in what the decree is alleged to be erroneous. -When the error alleged is to the admission or to the
By reason of the flagrant violation of the rules of this court, as well as the indefinite and uncertain grounds .'stated in appellant’s motion for new trial, and at the request of counsel for appellee, we dismiss this appeal; and, it appearing that a supersedeas bond has been given by the appellant in this cause, let judgment be entered against the sureties on said bond, and the judgment of the court below be affirmed.
