| "Carswell — The Briefing
and Argument of an Appeal" |
|
In your brief, of course, you begin woth a "Statement." This should indicate what the appeal is, where it came from, identify the parties, give their relation to each other and who claims to be aggrieved and to what extent. This should be short and crisp. With that formal element behind us we are brought to some specifications in regard to an appellate presentation. The subject, like all Gaul, may be divided into three parts-the facts, the law and the argument thereon. There is no universal rule, but the rule that most frequently lends itself to clarity, brevity and ease of understanding, is the recital of facts in their chronological order; that is, in the order of happening. This is the order of nature. Put yourself in the position of the court to whom you are speaking and make your recital in a manner that would enable you, if you were the court, to most quickly grasp what you wish to convey. Make clear at the outset who are the parties involved and the relation of each of the order, and then refer to them by a brief name, not as the "appellant" or the "respondent," but rather as the plaintiff or the defendant in conjunction with their names. All too often the facts are stated in a brief so as to present an incomprehensible jumble. A typical one involved a controversy in relation to the rights of parties concerned with a mortgage and a bill of sale. It started with a recital of a fact that happened in June, 1928. Then followed three or four facts which worked their way back to September, 1927, then, proceeding backward, crab like, facts were stated occurring back in March, 1927. Then the recital went into reverse and proceeded forward to what happened in July, 1927. It then reversed again and told what happened in August, 1928. All of this with a plethora of words, so as to make a confusing conglomeration covering several pages, all without adequate folio citations. What it was all about could not be grasped; merely a blurred condition of mind was produced. As an experiment, applying the chronological method. I rewrote the facts with folio citations in one-half page as follows: "On September 10, 1927, the defendant Toll Realty amid Construction Company, Inc. (hereinafter referred to as 'Toll') , executed and delivered a mortgage to plaintiff Boriskin for $3,750 on premises No. 2100 Utica avenue, Brooklyn, (18) . This mortgage was recorded (21) on September 23, 1927. On December 6, 1927, the defendant Best Plumbing Company filed a conditional sales agreement covering plumbing fixtures sold to 'Toll' for $8,100 with title to remain in seller. These fixtures were delivered and paid for except $1,500. On December 10, 1927 (26), the defendant 'Toll' defaulted in payment on an installment of mortgage principal due, and plaintiff Boriskin under the mortgage provisions, elected to declare the entire principal of the mortgage to be due, and began this action in foreclosure on June 8, 1928 (3) . He joined the Best Plumbing Corporation as a defendant. The claim advanced is that time mortgage is superior to the lien of the sales agreement, and this question is to be decided on pleadings which do not show the exact date of the installation of fixtures." On this recital, just given, each fact is grasped by the mind and retained without difficulty as you progress to the culmination of the incidents involved in the controversy. You readily find that the question revolves around the effect of a bill of sale on the rights of the parties, which question may be then delved into further. You will find, in most instances, that the chronological order is the most effective way to set out facts in a brief. But confine yourself to essential facts and eliminate unessential facts; however, do not eliminate an essential fact because it is not helpful. Face it and meet it. |
 The Historical Society of the Courts of the State of New York |
