Sherrill v. Acton

SIMPSON, Judge.

The appeal is upon the record proper. There is no bill of exceptions.

All assignments of error, save one, relate to action of the court in refusing and giving, respectively, certain special charges dependent upon the evidence in the case. The remaining assignment asserts error in the refusal of the court to grant the appellant a new trial.

The established rule is that, without a bill of exceptions showing whether the special charges were abstract or supported by the evidence, action of the court in refusing or giving them is not reviewable. Lone Star Cement Co. v. Wilson, 231…