Brack

Respondent made a motion to dismiss the appeal in this cause. The motion was made upon the ground that appellant did not comply with rule 4b of the Rules on Appeal.

Respondent asserts, and the record indicates that he is correct, that appellant requested the preparation of the reporter’s transcript of the testimony of only some of the witnesses and not of all of the witnesses, and that appellant did not state “the points to be raised by him on the appeal.”

Rule 4b of Rules on Appeal provides insofar as we are here concerned, as follows:

Appellant’s counsel admits his failure to state the points to be raised on the appeal and with frankness assumes the entire blame for such omission without reference to any secretarial deficiencies, weighty matters in his office, or a heavy trial schedule. He asks leave to amend so as to designate the points to be raised on the appeal.

Rules on Appeal are essentially to expedite and make for orderly conduct of the work of appellate courts and such rules should be observed, however, it is also true that the policy of our law is to favor hearings on appeal upon their merits when such can be done without violence to the rules. (Lundy v. Lakin, 89…