McAllister & Schroeder v. Weber Motor Car Co.

Bule 15 of this court provides that the assignment of errors and cross-errors must be written upon or attached to the record. In the case at bar, no assignment of errors has been written upon or attached to the record.

The requirement that, upon appeal or writ of error, there must be an assignment of errors written upon or attached to the record is not a mere matter of form to be considered waived if not objected to, but one of substance. The assignment of errors performs the same office in this court that a declaration does in a court of original jurisdiction, and is equally essential in the…