Neeley v. White

This was a trial in the court below before a jury. No motion for new trial was ever filed in that court.

The first, second, and third assignments of error question the sufficiency of the evidence to support the findings of the jury. Unless this point has been raised and the verdict attacked by motion for new trial in the lower court, it cannot be considered here. Green v. Hall, 203 S. W. 1175; Waller v. Liles, 96 Tex. 21, 70 S. W. 17; Blackwell v. Vaughn, 176 S. W. 913; Wellborn v. Wellborn, 185 S. W. 1041; District Court Rule No. 71a (145 S. W. vii); Court of Civil Appeals Rules 24 and 25…