TRUSSELL v. RIPPS

1 Div. 222.

168 So.2d 619 (1964)

Olive TRUSSELL v. Samuel J. RIPPS, Exec., et al.

Supreme Court of Alabama.

November 5, 1964.


Attorney(s) appearing for the Case

Samuel W. Inge, Mobile, for appellant.

Vincent F. Kilborn, Mobile, for appellees.


HARWOOD, Justice.

The appellee has moved that this judgment be affirmed because no errors have been assigned.

The suing out of an appeal is analogous to the institution of a new suit. The assignment of errors correspond to the complaint or bill in the original proceedings. Snellings v. Jones, 33 Ala.App. 301, 33 So.2d 371. Without any assignment of error, an appeal can present nothing for review. This defect is jurisdictional.

Appellee's motion, though...

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