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:
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