Cooney v. Dandridge

This case was tried before the court without a jury. No motion for a new trial was filed in the lower court, nor were separate findings of fact and conclusions of law filed by the trial court.

Rules 24 and 25 for the government of the Courts of Civil Appeals (142 S. W. xii), as amended January 24, 1912, read:

“24. The assignment of error must distinctly specify the grounds of error relied on and distinctly set forth in the motion for a new trial in the cause, and a ground of error not distinctly set forth in a motion for a new trial in the cause and not distinctly specified in reference to that…