Texas Employers' Insurance Ass'n v. Stodghill

I concur in the overruling of the motion for rehearing, but for different reasons. I agree with the Appellee that the point of error which has been sustained has not been properly assigned in the motion for new trial as an assignment which can form the basis for a rendition. Assignment of Error No. 10 asserts: “That the trial court erred in failing to grant the Defendant’s motion for Judgment notwithstanding the answers of the jury to the charge of the Court for the reasons therein stated.” This assignment, which purports to refer to the motion for judgment n.o.v., is not sufficient. Wargner…