Hutchison

The defendant in error moves to dismiss the appeal on the ground that no assignment of errors was filed until after the allowance and issuance, of the writ of error. The filing of the petition for the writ, the order allowing the same, and the service of the writ were all had on May 18, 1916. The assignments of error were not filed until June 3, 1916. Our rule 11 requires that the plaintiff in error shall file with the clerk of the court below, with • his petition for the writ of error or appeal, an assignment of errors, and declares that no writ of error or appeal shall be allowed until such assignment of errors shall be filed. Rule 24 provides that, when there is no assignment of errors, counsel will not be heard except at the request of the court, and errors not specified according to the rule will be disregarded; but the court, at its option, may notice a plain error not assigned or specified. Although in the Eighth circuit the Circuit Court of Appeals has announced the hard and fast rule that an assignment of errors is indispensable to the perfection of the appeal (Frame v. Portland Gold Min. Co., 108 Fed. 750 , 47 C. C. A. 664 ; Webber v. Mihills, 124 Fed. 64 , 59 C. C. A.…