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Kerr v. Borden

KERR Et Al. v. BORDEN

Kerr v. Borden, 140 So. 773 (Ala. Ct. App. 1932)
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Court
Alabama Court of Appeals · State Appellate Courts
Decided
March 29, 1932
Docket
No. 7 Div. 857.
Judges
Rice
Citations
140 So. 77325 Ala. App. 761932 Ala. App. LEXIS 85

Opinion of the Court — Rice

RICE, J. - - In the opinion in the case of Provident Life & Accident Ins. Co. of Chattanooga v. Priest, 212 Ala. 576 , 103 So. 678, 680 , the Supreme Court, speaking through Mr. Justice Miller, used this language: “If the [an] assignment of error is uncertain and indefinite as to the particular error complained of, this court will decline to consider it. The assignment should state concisely in what the error consists,” citing Supreme Court Rule 1, and other authorities. And see citations following said Supreme Court Rule 1, Michie’s Code of 1928, p. 192S.

The assignments of error on this appeal do not comply with said Supreme Coui’t Rule 1, and will not be considered. Authorities supra.

We might express the opinion, however, that, from a reading of the whole record, including the bill of exceptions, it is apparent that the trial of the ease was infected with no prejudicially erroneous ruling. Perhaps that accounts for the assignments of error being “confused and confusing.”

The judgment is affirmed.

Affirmed.

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Authorities cited 1

DepthCaseCited by
Provident Life Accident Ins. Co. v. Priest, 103 So. 678 (Ala. 1925) 10

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