This appeal must be dismissed because there is no assignment of errors upon or attached to- the-record. An assignment of errors in this court performs the same office as a declaration in a court of original jurisdiction. It would be just as regular .and proper for the Circuit Court to-render a judgment in a cause where there is no declaration, as for this court to affirm or reverse a judgment where there is no assignment of errors. We should reverse such a judgment rendered hy the Circuit Court, and we should commit the same error- to render a judgment here without the necessary pleading.
*44 We have by accident discovered what purports to be an assignment of errors, on one of the seven printed abstracts filed in this cause. But this is no more a compliance with the rule than it would have been had the assignment of errors been written on an abstract in any other cause. The seventh rule of this court declares: “Errors, when assigned, and the joinder thereon, shall be written on or attached to the record.” Until this is done, the assignment is not a pleading in the cause. The appeal is dismissed.
Appeal dismissedl