Lester v. Enzor

“It is too well settled to now admit of doubt that the failure of an applicant (appellant) to insist, in this court, upon errors assigned on the record is a waiver and abandonment thereof.” Louisville & N. R. R. Co. v. Holland (on rehearing) 173 Ala. 675, 55 So. 1001, 1008, citing a number of authorities. Also, “we are not at all disposed to a strict construction of such rules [Rules 10 and 12 of Supreme Court Practice, pages 1930 and 1931 Michie’s Code of 1928], but are rather inclined to construe them liberally in favor of litigants who show substantial compliance with their terms. But we…