Morrison Waite

“ Not only is there a failure to quote the full substance of the evidence admitted or rejected, of which complaint is made, but even the names of the several witnesses upon whose tesimony the objections rest are not mentioned. ”

“ When there is no assignment of errors, as required by section 997 of the Revised Statutes, counsel will not be heard, except at the request of the court; and errors not specified according to this rule will be disregarded; but the court, at its option, may notice a plain error not assigned or specified. (5) When, according to this rule, a plaintiff in error or an appellant is in default, the case may be dismissed on motion ”