State v. Smith

COLEMAN, Justice.

In a proceeding to condemn land for a highway, the state appeals from a judgment granting the landowners’ motion for a new trial.

Motions.

Appellees have filed a motion to affirm, based on the ground that appellant’s assignment of error does not comply with Supreme Court Rule 1 as amended March 21, 1966.

As here pertinent, Rule 1 recites:

“ * * * each assignment shall list the page or pages of the transcript of the record on which the ruling is recorded. * * *” 279 Ala. XXIII; Pocket Parts, ' 1958 Recompilation of Code 1940, Title 7.

Appellant’s assignment of error does not list…