This is an action to recover damages for certain grain which the plaintiff claims was willfully destroyed by the defendant. There was a verdict for the plaintiff, awarding damages in the sum of $250. A statement of the case was settled, embracing three specifications of error, which may be summarized as follows: First, that there was no evidence showing that the grain destroyed was of any value, and the evidence showed that the grain was of no value; second, that the damages were excessive, and appeared to have been awarded by the jury under the influence of passion and prejudice, in this: that there was no evidence showing that the plaintiff was damaged in the sum of $250, or. in any amount; third, misconduct of the jury. The
The case was submitted to this court upon briefs, and without oral argument. Appellant has made no assignments of error in this court, as required by rule 15 of the rules of this court. 61 N. W. Rep. ix. In appellant’s original brief there is an entire absence of any assignments of error upon either of the three specifications of error embodied in the statement, and already referred to. Appellant’s original brief contains a very able argument,' and one apparently well fortified by authority, upon a feature of the case which we shall hereafter notice, but no allusion is made in appellant’s said brief to either of the points • .suggested by the specifications of error. On the contrary, such points are neither assigned as error nor alluded to in that brief. The errors specified in the statement having been thus completely ignored by the appellant, and neither assigned, discussed, nor referred to in this court by counsel, we are not at liberty, under established rules of practice, to consider or determine the questions arising upon the statement of the case. It is in fact perfectly obvious that the appellant’s counsel in his original brief intentionally abandoned all of his specifications of error, and did not desire or expect this court to pass upon the same, or either of the same. Under the circumstances, we shall be compelled, under the established practice, 'without reference to the merits of the points raised by the specification contained in the statement, to rule the same adversely to the appellant. In this case however, we can say that we have carefully read the record, and find that, while the evidence which bears upon the question of the
We should add, perhaps, that since this case was submitted to this court in behalf of the respondent, which submission was made when the case was reached in its order in this court, and after the brief of the respondent’s counsel and the original brief of the appellant’s counsel hád been placed on file, we have received a copy of an “additional” brief in the case made by appellant’s counsel. In the additional brief, counsel for appellant states that, “appellant having omitted to subjoin to former brief assignments of error objected to and relied upon in this appeal, this amended or supplemental brief is prepared and furnished for the purpose of rectifying this omission.” The only assignment of error contained in the additional brief of appellant’s counsel is as follows: “The evidence was insufficient to justify the verdict.” It is clear that this court cannot regard this attempt to assign error as adequate to meet the requirements of rule 15 of the rules of this court, for two reasons: First. The rule of this court requires assignments of error to be served with the appellant’s brief upon counsel for respondent prior to the first day of the term. This was not done, nor is there any> claim that this requirement has been waived by the respondent’s counsel. Second. The attempted assignment of errors in the additional brief is wholly insufficient, under rule 15, Sup. Ct. Rules. On its face it fails to point out any particular error, nor does it refer to any specification of error in the abstract as explan
Finding no error in the record, the order appealed from will be affirmed.