Guaranty Mortgage & Realty Co. v. Whitham

MARTIN, Justice.

Judgment was entered in the lower court for the sum of $230.45, with foreclosure of an alleged mechanic’s and paving lien on real estate. Plaintiffs in error have filed in this court briefs which fail to contain assignments of error either by name or in fact. Under repeated decisions, we can under such circumstances consider any fundamental error. )The question is not debatable. See recent opinion by Judge ITar-vey in Lamar-Delta County Levee Improvement Dist. No. 2 v. Dunn et al. (Tex.Com.App.) 61 S.W.(2d) 816.

It is correctly contended by plaintiffs in error that such…