Legal Opinion · Concurrence

Dees v. Crane

Court of Appeals of Texas

Decided April 1, 1915No. 424Published

Appeal from District Court, Pecos County; W. C. Douglas, Judge.. Action by G. Crane against R. D. Dees and others. Judgment for plaintiff, and defendants appeal.

1ConcurrenceHiggins, J.

I concur in the affirmance of this ease for the following reasons:

[1] First. There are no such assignments in the record as appear in appellants’ brief numbered, 1, 2, 3, 4, and 5. The matters here complained of should have been called to the court’s attention in the motion for new trial. They therefore cannot be considered.

[2, 3] Second. Assignments 6, 8, and 9 complain of the court’s charge. No bill of exception appears to have been taken as required by chapter 59, Acts of 1913; hence the errors therein, if any, are waived. There is evidence and pleading to support the verdict and judgment,…

2Cases cited3 opinions

  1. Needham v. CooneyCourt of Appeals of Texas · 1915
  2. Harper v. DoddCourt of Appeals of Texas · 1902
  3. Hodge v. Toyah Valley Irr. Co.Court of Appeals of Texas · 1915

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