Dalton v. Stout

I dissent. I think we should decide this case on the merits. We have the specification of the errors in the abstract. Respondent was apprised of what rulings of the lower court the appellants were attacking. He not only made no objection to the failure to file an assignment of errors, but wrote his brief and argument in apparent ignorance that the paper known as the assignment of errors had not been filed. Only the latter paper was lacking from the files. The prevailing opinion quotes from Teakle v. San Pedro, etc., R. Co., 32 Utah 276, at page 280, 90 P. 402, 405, 10 L. R. A. (N. S.) 486,…