Bender v. Bender

*73 LOCKWOOD, J. This is an appeal from an order of the superior court of Coconino county denying a motion of the appellant (defendant in the loAver court) to set aside and vacate the judgment and decree of divorce heretofore- rendered, and praying for a new trial. Rule VII of this court reads, in part, as folloAvs: “2. The appellant’s opening brief shall contain, in the order herein indicated: . . . “(d) The assignments of error relied upon.” Rule XII reads, in part, as follows : “1. All assignments of error must distinctly specify each ground of error relied upon and the particular ruling complained of. If the particular ruling complained of has been embodied in a motion for new trial, with other rulings, or in any motion, or in a bill of exceptions, or in a statement of facts, or otherwise in the record, it must nevertheless be referred to in the assignment of errors, or it will be deemed to be waived. ’ ’ “3. Any objection to the ruling or action of the court below will be deemed waived in this court unless it has been assigned as error in the manner above provided. ’ ’ We have examined defendant’s brief carefully, and nowhere therein do we find any assignments of error whatever. The nearest approach thereto is contained in the following language: “Brief of the Law. ‘1 First: Did the Superior Court of Coconino County have jurisdiction to hear and determine Appellant’s Motion to Vacate Decree of Divorce! “Second: Was the judgment rendered March 15, 1934, a void judgment!” That this is insufficient, under the rules, as an assignment of error cannot be doubted, nor that the lack of assignments requires an affirmance of the order *74 of the trial court. Thornburg v. Frye, 44 Ariz. 282 , 36 Pac. (2d) 548 . The order appealed from is affirmed. McALISTER, C. J., and ROSS, J., concur.