100 So. 2d 36 | Ala. Ct. App. | 1958
This appeal is prosecuted by the defendant in the court below from a judgment in favor of plaintiff in a suit for balance due under a conditional sale contract or lease.
Assignments of error were not bound with the transcript, and were not filed with the transcript when the case was submitted on May 30, 1957.
On June 27, 1957, the Clerk of the Circuit Court of Madison County wrote the Clerk of this court that the attorney for appellant "requested on June 26, 1957, that the enclosed assignment of errors be mailed to you."
This was not a compliance with Supreme Court Rule 1, Title 7 Appendix, Code 1940, Simmons v. Chesnut,
However, since no question has been raised on account of appellant's failure to comply with Supreme Court Rule 1, in view of this statement by the court in Garrett v. Oddo,
Neither of them is predicated on any ruling of the trial court. Madison Limestone Company v. McDonald,
It is the action of the trial court and not the appellant's contentions and conclusions as to the effect of some unspecified action of the trial court that must be assigned as error. Kinnon v. Louisville N. R. Co.,
An inadequate assignment of error requires the affirmance of the judgment appealed from. Stidham v. Stidham,
The judgment is affirmed.
Affirmed.