El Paso Electric Railway Co. v. Lee
Texas Supreme Court
Error to the Court of Civil Appeal for the Eighth District, in an appeal from El Paso County. Lee sued the El Paso Elec. By. Co. for personal injuries and obtained judgment from which defendant appealed. It was affirmed (157 S. W., 748) the court declining to consider various assignments of error by appellant, who thereupon obtained writ of error.
1Opinion of the CourtChief Justice Phillips
In the Court of Civil Appeals, the appellant, the plaintiff in error here, presented in its brief five assignments of error. Each assignment concluded with the statement that the error was complained of in the motion for new trial in the District Court, followed immediately with a reference to the transcript, giving the page or pages containing that part of the motion for new trial where such complaint was made.
The Court of Civil Appeals held that this was not in compliance with Eule 25, in its requirement that an assignment of error presented in the Court of Civil Appeals “must refer to that…
2Cases cited2 opinions
- Chicago, Rock Island & Gulf Railway Co. v. PembertonTexas Supreme Court · 1914
- Chicago, R. I. & G. Ry. Co. v. PembertonTexas Supreme Court · 1914
3Cited by1 opinion
- Ellis v. Jefferson Standard Life Ins. Co.Court of Appeals of Texas · 1936