Republic Ins. Co. v. Grant

The brief of plaintiff in.error contains five assignments. The first two challenge the sufficiency of the evidence to sustain the judgment. These assignments were not filed in the court below, but appear for the first time in the brief. Only questions of fundamental error can thus be presented to this court, and it is well settled that the want or insufficiency of evidence to support a judgment is not such fundamental error as can be considered by this court, in the absence of a proper assignment of error filed in the court below. Houston Oil Co. v. Kimball et al., 103 Tex. 94, 122 S. W. 533,…