Summary
In Town of LaGrange v. Sears (1938), 213 Ind. 320, 12 N.E.2d 503, our Supreme Court held that where pleadings and evidence necessary to a determination of the errors assigned were not set out in appellant's brief, no question was presented for review, since the appellate tribunal will not search the record for error.
Summary of this case from Aocker v. BuellOpinion
No. 26,988.
Filed February 1, 1938.
1. APPEAL — Briefs — Statement of Record — Omission of Parts Necessary to Determination of Assigned Error. — Where pleadings and evidence necessary to a determination of the errors assigned were not set out in appellant's brief, no question was presented for review since an appellate tribunal will not search the record for error. p. 321.
2. APPEAL — Hearing and Rehearing — Oral Argument — Right To — When Briefs Insufficient to Present Questions. — Where appellant's briefs were in sufficient to present any question, request for oral argument would be denied as unnecessary. p. 321.
From Noble Circuit Court; Robert R. McNagny, Judge.
Petition by Margaret E. Sears to disannex certain farm land from the town of LaGrange. From the judgment, the Town of LaGrange appealed. Transferred from the Appellate Court under § 4-218 Burns 1933. Affirmed.
Gerald W. Fisher, and Herman Haskins, for appellant.
Best Hubbard, for appellee.
Appellee sought by her petition filed before the board of trustees of the civil town of LaGrange, Indiana, to disannex certain farm lands from the town of LaGrange. The board of trustees denied the petition, and petitioner appealed to the circuit court. Appellee, over the objection of appellant, amended her petition after the appeal was taken. This action is challenged in this appeal. Appellant also in his motion for a new trial challenges the sufficiency of the evidence and also the admission of certain evidence. It also challenges the sufficiency of the notice by publication.
Appellant in his brief nowhere sets out the petition filed by appellee or the substance thereof. Nowhere does he set out the notice which it challenges, and does 1. not set out the evidence introduced at the hearing, or any part thereof. No attempt is made to set out in narrative form the evidence.
We have read appellant's brief carefully and find no question is presented for our consideration. We do not have the petition, notice, or evidence before us, and no way to determine the questions attempted to be presented unless we search the record. It has been denied by this court numerous times that we will not search the record in order to reverse a cause.
Appellant requested oral argument, but since we have 2. determined that no question is presented by its brief, no argument is necessary.
Judgment affirmed.