Shirk v. Palmer

OPINION

This case was orally argued on September 9th. At the conclusion of the argument, counsel for appellant asked leave to file a supplemental brief, which was granted. In due time after the filing and service of this brief, counsel for the respondent gave notice of motion to strike it from the files upon the ground that it makes the point that the complaint in the case does not state facts sufficient to constitute a cause of action — an alleged error not assigned in the original brief.

1. The law of this state, pertaining to the practice in cases appealed to this court, has long required…