McClintic v. Brown
Court of Appeals of Texas
Appeal from Parker County Court; B. A. Swofford, Judge. Suit by W. M. Brown against George T. McClintic. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtBuck, J.
[1] The objection by- appellee to the consideration of appellant’s assignments, because no motion for new trial was filed in the court below, and hence the alleged errors presented by these assignments were not there urged or called to the attention of the trial court, is not well taken. When the trial below is before the court, the appellant is not required to file a motion for new trial presenting alleged errors as a prerequisite to urging such errors in the appellate court, where- the court has filed his findings of fact and' conclusions of law, and exceptions have been taken, as in this…
2Cases cited21 opinions
- Phoenix Lumber Co. v. Houston Water Co.Texas Supreme Court · 1901
- York v. StateTexas Supreme Court · 1889
- Hoodless v. WinterTexas Supreme Court · 1891
- Hess & Skinner Engineering Co. v. TurneyTexas Supreme Court · 1918
- Richardson v. WellsTexas Supreme Court · 1848
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3Cited by4 opinions
- Hall v. CastleberryCourt of Appeals of Texas · 1926
- Thacher Medicine Co. v. TrammellCourt of Appeals of Texas · 1925
- Kelly v. National Bank of DenisonCourt of Appeals of Texas · 1921
- Atwell v. TalkCourt of Appeals of Texas · 1947