The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1888-05-03
SUPREME COURT.
I From SatnrdaY's DailY.l

Wilson Reed ct al. VS.. j. B. Appleby ct
al, Falls county; reversed and remanded.
Fore d Henderson vs.. Hitson d Reed,
Tarrant county; reversed ard remanded
Missouri Pacific Railway company We.
]. W. Johnston i Co.. Collin county; re-
versed and remanded.
J. Z. Henderson vs.. AnglO-American
Land and Claim association, Dallas county;
reversed and dismissed.
IL. Nail VS.. c. G. Cox, Jones county;
dismissed for want of prosecution.
j. l.. Sceggin VS.. Bateman Bros, Ter
rant county; affirmed on certificate.
The following opinion by Chief Justice
Stay ton is OF importance, and Is published
for the information of those concerned.
Herman Floege, ct al, VS.. +. Y. Nledner;
from COmal county.
The first motion is to strike out the as
signments of error which, on Inspection,
are seen to be largely arguments in sup
port of the matters on which the assign
ments are based.
An assignment of error should pointedly
and clearly show the ruling or matter
complained of, and nothing more, aud
the argument III support of the assign
ment has its proper place elsewhere.
The assignments in this case do point
out the matters complained of, and this
court would not feel authorized to refuse
to consider them sbecause they do more
than This.
The second motion asks that the brief
be stricken out, because not in accordance
with the rules.
The statement of the nature and result
of tho suit is not that short and concise
stat ment contemplated by the rules, but
is an effort 10 combine that with a state
ment of the facts fl und, and to give a
minute history Of the several proceedings
in the case.
This is not contemplated by the rule
which requires au Introductory statement
of the nature and result of the suit.
This Is a defect in the brief, however, on
account of which we would not feel au-
thorized to require the case to be re-
briefed, we're the brief otherwise ia sub
stantial compliance with the rules.
Such, however, is not the case.
Rule 31-Provides that "to each one of
said propositions there shall he subjoined
brief statement, in substance, Of such
proce edings, or part thereof, contained in
the record, as will be necessary and suffi-
cieut to explain and support the PROPOSE
ton, with reference to the pages of the
record. This statement must be made
faithfully, in reference to the whole of
that which is in the record; having a bear
ing upon said proposition, upon the profess
sioual responsible OF the counsel who
makes it, without copying the record, and
withCu intermixing with it arguments,
reasons, conclusions or infereLces."
I he rule was intended, as were all Others,
| to require such presentation of a case IN
the brief as would assist this court i'll the
dispatch of business, and the crowded
state Of its docket deeply lmpresses upon
us the necessity for substantial compli-
ance with the rules.
| The first proposition i'll the brief be
fore Us, with the statement under it, are
as follows:
"The first assignment of error is itself
proposition, and complains that the IN
contradicted testimony of claimants
proves that the attached creditor sold and
conveyed the jack and stallion in contro
versy to the claimants prior to the levy
of the attachment, and that, at the time
of the levy, the debtor in attachment wa:
not entitled to the possession of the at
tached property, and had no interest il
or title to the same.
| STATEMENT.
"The court is most respectfully urged
to read the statement of facts, and to de-
termine whether there is any evidence tC
contrad c., or set aside for fraud, the sale
of stock made by Cog to Floege prior to
the levy of the attachment. The court is
urged to consider that the statement of
facts was prepared by the judge who re-
fused to grant a new trial. R., p. &c."
This illustrates the manner i'll which the
brief is made up, and it is. evident that
the rules have not been substantially com
piled with
For this reason the motion to strike Out
the brief must be sustained, and ten day;
win he allowed TO lile a brief prepared il