Moynahan v. Perkins

Appellee moves to dismiss this appeal upon several grounds, but there are only two which require any notice. One is that no assignment of errors had been filed; the other is that the record had not been lodged in this court within the time required by code section 389. Rule 11 of this court requires an appellant to assign errors in writing at the time of filing the transcript of the record, and rule 12 provides that if appellant shall fail to assign error the appeal may be dismissed. An assignment of errors is of course indispensable to the perfecting of an appeal and to its hearing, but the…