Willis: Anglo-American Law 
231 
Title of the Case. The title of the case should name the 
appellate court, the number of the case, the names and desig- 
nation of the parties, and the name of the brief, whether fon 
appellant or respondent. 
Preliminary Statement. The preliminary statement should 
show how the case comes before the appellate court and from 
what court it is brought. 
Statement of Facts. The statement of facts should be a 
story, or bare outline, of the case, giving the leading con- 
trolling facts, but no evidence, and the main contentions be- 
tween the parties, in clear, concise, and absolutely accurate 
language. If a knowledge of the pleadings is necessary a 
synopsis of these should be given. 
In complicated cases it may be well to precede the state- 
ment of facts with a statement of the issues or questions of 
law involved ; otherwise this statement should follow the speci- 
fication of errors. 
Assignment of Errors. The assignment, or specification* of 
the errors which it is claimed the lower court has committed 
should be made under an appropriate heading, each separately 
stated in as few words as possible, and each separately num- 
bered. 
In some jurisdictions a formal assignment of errors must 
be prepared and filed in the appellate court to give it juris- 
diction, but this does not dispense with its repetition in the 
brief. 
Only such errors as have been made the basis of an assign- 
ment of errors can be argued upon appeal, and none should 
be alleged by the appellant except those which he believes the 
appellate court will deem ground for reversal. He should not 
allege errors of the trial court in excluding evidence if such 
evidence was subsequently admitted, or that a fact was proved 
by the wrong evidence if it was proved, or that incompetent, 
irrelevant, or immaterial evidence was admitted if no injury 
resulted, because judgment will be affirmed where the errors 
complained of were not prejudicial, or where the appellate 
court believes that the same result would have been reached 
if no errors had been committed. It is not the business of 
the appellant to educate the trial court but to obtain a re- 
versal, if he believes that the trial court should be reversed. 
