There being no assignment of errors in the transcript annexed to
the writ of error, no specification of errors in the brief, no
statement presenting the questions involved, no reference to pages
in the argument, and generally a noncompliance with the provisions
of the statute and the rules of this Court in these respects, the
case is dismissed for those causes.
An assignment of errors on appeal from the district court to the
Supreme Court of a territory cannot be accepted in this Court as
the equivalent of the assignment required by the statute.
The case is stated in the opinion of the Court.
MR. CHIEF JUSTICE WAITE delivered the opinion of the Court.
Section 997 of the Revised Statutes is in these words:
"There shall be annexed to and returned with any writ of error
for the removal of a cause at the day and place therein mentioned
an authenticated transcript of the record, an assignment of errors,
and a prayer for reversal, with a citation to the adverse
party."
Rule 8, § 1, of this Court is as follows:
"The clerk of the court to which any writ of error may be
directed shall make return of the same by transmitting a true copy
of the record and of the assignment of errors under his hand and
the seal of the court."
Rule 21 requires printed briefs to be filed, and § 2 of that
rule provides that the brief shall contain,
"in the order here stated:"
"(1) a concise abstract, or statement of the case,
presenting
Page 123 U. S. 520
succinctly the questions involved and the manner in which they
are raised."
"(2) A specification of the errors relied upon, which, in cases
brought up by writ of error, shall set out separately and
particularly each error asserted and intended to be urged, and in
cases brought up by appeal, the specification 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
rejection of evidence, the specification shall quote the full
substance of the evidence admitted or rejected. When the error
alleged is to the charge of the court, the specification shall set
out the part referred to
totidem verbis, whether it be
instructions given or instructions refused. When the error alleged
is to a ruling upon the report of a master, the specification shall
state the exception to the report and the action of the court upon
it."
"(3) A brief of the argument, exhibiting a clear statement of
the points of law or fact to be discussed, with a reference to the
pages of the record and the authorities relied upon in support of
each point. When a statute of a state is cited, so much thereof as
may be deemed necessary to the decision of the case shall be
printed at length."
Sections 4 and 5 of the same rule are as follows:
"4. When there is no assignment of errors as required by § 997
of the Revised Statutes, counsel will not be heard except at the
request of the court, and errors not specified according to this
rule will be disregarded, but the court, at its option, may notice
a plain error not assigned or specified."
"5. When, according to this rule, a plaintiff in error or an
appellant is in default, the case may be dismissed on motion, and
when a defendant in error or an appellee is in default, he will not
be heard, except on consent of his adversary, and by request of the
court."
This statute and these rules have been disregarded altogether in
this case. No assignment of errors is found in the transcript
annexed to and returned with the writ. The assignment of errors on
the appeal from the district court to the supreme court of the
territory cannot be accepted in this
Page 123 U. S. 521
Court as the equivalent of the assignment required by the
statute. The brief contains no specification of errors such as is
required by the rule, and there is no statement of the case
presenting the questions involved or the manner in which they are
raised. In the argument, there is no reference to the pages of the
record relied on to support the points which are made. Not only is
there a failure to quote the full substance of the evidence,
admitted or rejected, of which complaint is made, but even the
names of the several witnesses upon whose testimony the objections
rest are not mentioned. In short, to get at the matter which is
complained of, we must hunt through what is called a "proposed
statement on appeal and motion for a new trial," filling thirty
pages of the record, with nothing in the brief to aid us in the
search. This we are unwilling to do. In the present crowded state
of our docket, we must insist on a reasonable compliance with the
rules which have been adopted to facilitate the investigation of
cases and help us in our work.
We therefore dismiss the case, under § 5 of Rule 21, for want
for want of an assignment of errors and of a brief such as is
required by the rules.