Dalton Adding MacHine Sales Co. v. Wicks & Co.

(after stating the facts as above).

The error for review is that of the purely legal effect attaching to the special facts, upon which the judgment was based. We can consider it, since it is apparent upon the face of the record, and in nowise involves the sufficiency of the evidence to support or warrant such facts.. A motion for new trial was not necessary in order to. authorize the appellate court to review a pure question of law formally and timely excepted in the trial court, and apparent in the record. Craver v. Greer, 179 S. W. 862, 107 Tex. 356. And as applicable to this ease a judgment…