Wolfley v. Gila River Irrigation Co.
Arizona Supreme Court
APPEAL from a judgment of tlie District Court of tlie Second Judicial District in and for the County of Maricopa. William W. Porter, Judge. The facts are stated in the opinion.
1Opinion of the CourtSloan, J.
An inspection of the record in this case shows, that no assignment of errors has been filed. The case should be dismissed for the failure to comply with the plain provision of paragraph 940 of the Revised Statutes of 1887, which requires appellant to file with the clerk of the court below his assignment of errors. The effect of a failure to file any assignment of errors is to waive all errors not apparent upon the record, and which do not go to the foundation of the action. Roy v. Bremond, 22 Tex. 626; Burns v. Wiley, 35 Tex. 20; Railroad Co. v. Scanlan, 44 Tex. 649. In the absence of an…
2Cases cited5 opinions
- Rio Grande Railroad v. ScanlanTexas Supreme Court · 1876
- Roy v. BremondTexas Supreme Court · 1858
- Chevallier v. WhitakerTexas Supreme Court · 1852
- Burns v. L. M. Wiley & Co.Texas Supreme Court · 1872
- Dyer v. DementTexas Supreme Court · 1873
3Cited by8 opinions
- State Consolidated Publishing Co. v. HillArizona Supreme Court · 1931
- Hecla Gold Mining Co. v. GisbornUtah Supreme Court · 1900
- County of Maricopa v. OsbornArizona Supreme Court · 1895
- Keyser v. ShuteArizona Supreme Court · 1892
- Bouldin v. SheererArizona Supreme Court · 1920
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