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157 S.W. 754

Slaughter v. Kirkpatrick

Court of Appeals of Texas

Decided May 15, 1913

Court of Appeals of Texas · decided 1913-05-15

<p>Appeal and Error (§ 743*1 — Assignments op Error — Reference to Motion eor New Trial.</p> <p>Assignments of error not referring to that part of the motion for new trial in which the error was complained of will be considered as waived.</p> <p>[Ed. Note. — Eor other cases, see Appeal and Error, Cent. Dig. §§ 2999, 3011; Dec. Dig. § 743.*]</p>

Relies on El Paso Electric Ry. Co. v. Lee · St. Louis Southwestern Ry. Co. of Texas v. Ledbetter · Murphy v. Earl

Affirmed · Decided 1913-05-15

McKENZIE, j.

¶1 This is an appeal from the county court of Martin county. The cause was tried by the court and jury. The verdict and judgment was in favor of appellee, and appellant filed a motion for new trial.

¶2 We find from examination of appellant’s assignments of error, as filed in the trial court, that no mention or reference is made to the motion for new trial. This is not a compliance with the rules which govern this court, and the assignments will be considered as waived. Our holding herein is in conformity with the following authorities: Davidson v. Patton, 149 S. W. 757; Murphy v. Earl, 150 S. W. 486; Railway Co. v. Ledbetter, 153 S. W. 646; Railway Co. v. Gray, 154 S. W. 229; Imperial Irr. Co. v. McKenzie, 157 S. W. 751; Konz v. Henson, 156 S. W. 593; Railway Co. v. Lee, 157 S. W. 748; Cain v. Delaney, 157 S. W. 751; Irving v. T. & P. Ry. Co., 157 S. W. 752. The last five cases are recent opinions of this court and not yet officially reported.

¶3 An examination of the record fails to disclose error of a fundamental nature, and the judgment, accordingly, is affirmed.

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