Kershner v. Trinidad Mill. & Min. Co.
New Mexico Supreme Court
Appeal from District Court, Taos County; Leib,. Judge. Action between William D. Kershner and the Trinidad Milling & Mining Company and others. Judgment for the latter, and the former -appeals. On motion to strike from the Kies all the appellant’s assignments of error.
1Dissent 1
DISSENTING OPINION.
2Dissent · BobertsBoberts, J.
I can readily give my concurrence to the rule formulated and promulgated in the majority opinion. A consideration of the cases cited in the opinion will show that the courts of the country follow either one of two rules in regard to assignments of error: (1) That a general assignment is sufficient, and that the proper place to point out the reasons upon which it is claimed that the ruling sought to be reviewed is erroneous is in the brief; (2) that the assignment of error must set forth the ground upon which it is predicated — that is, it must, state the reason why the…
3Cases cited1 opinion
- Jackson v. Deming Ice & Electric Co.New Mexico Supreme Court · 1919