Board of Education of Colbert County v. Mitchell

LAWSON, Justice.

Counsel for appellees prior to submission filed a motion to dismiss this appeal and to affirm the judgment on the grounds: (1) The transcript does not contain an assignment of error. (2) No assignment of error was served upon the appellees. (3) Brief of appellants did not contain any assignment of error.

Supreme Court Rule 1, Code 1940, Title 7, 1955 Cum.Pocket Part, provides:

“In assigning errors, it shall be sufficient to state concisely, in writing, in what the error consists. Such assignments shall be written or typed upon transcript paper and bound with the transcript, and…