Rules for the courts of Texas: adopted by order of the Supreme Court at Tyler on the first day of December, A.D. 1877: together with amendments thereto at various times up to the close of the Austin term, A.D. 1890 Page: 10 of 64
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RUJLS OF THE SUPR]ME COURT
that could legally have been rendered in the District Court and
affirmed in the Supreme Court. [Paschal's Dig., Art. 1581; Revised
Statutes, Art. 1033.]
24. The assignment of errors must distinctly specify the
grounds of error relied on, and a ground of error not distinctly
specified, in reference to that which is shown in the record, or
not specified at all, shall be considered as waived, unless it be so
fundamental as that the court would act upon it without an assignment
of errors, as mentioned in Rule 23. [Paschal's Dig.,
Art. 1591; Revised Statutes, Art. 1037.]
25. To be a distinct specification of error, it must point out
that part of the proceedings contained in the record in which the
error is complained of, in a particular manner, so as to identify
it, whether it be the rulings of the court upon a motion, or upon
any particular part of the pleadings, or upon the admission or the
rejection of evidence, or upon any other matter relating to the
cause or its trial, or the'portion of the charge given or refused,
the fact or facts in issue which the evidence was incompetent or
insufficient to prove, the insufficiency of the verdict or finding of
the jury, if special, and the particular matter in which the judgment
is erroneous or illegal, with such reasonable certainty as
may be practicable, in a succinct and clear statement, considering
the matter referred to.
26. Assignments of error, which are expressed only in such
general terms, as that the court erred in its rulings upon the
pleadings, when there are more than one; or in its charge, when
there are a number of charges; or the verdict is contrary to law;
or to the charge of the court, and the like, without referring to
and identifying the proceeding, will not be regarded by the
court as a compliance with the statute requiring the grounds to
be distinctly specified, and will be considered as a waiver of errors,
the same as if no assignment of errors had been attempted
to be filed.
27. In cases submitted to the judge upon the law and facts,
the assignments of error shall be governed by the same rules as
in other cases, and the party desiring to appeal should, as a predicate
for specific assignments of errors, request the judge to state
in writing the conclusions of fact found by him separately from
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Morse, Charles S. Rules for the courts of Texas: adopted by order of the Supreme Court at Tyler on the first day of December, A.D. 1877: together with amendments thereto at various times up to the close of the Austin term, A.D. 1890, book, 1890; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5830/m1/10/: accessed April 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .