Gammel's Rules of the Courts of Texas Page: 23 of 70
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TEXAS COURT RULES.
quired by the statute. If it does not, the court will not consider any
error but one of law that may be apparent upon the record, if the
judgment is one that could legally have been rendered in the lower
court and affirmed in the appellate court.
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 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 that
the court would act upon it without an assignment of error as mentioned
in Rule 23.
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, and must refer to that portion of the motion for a
new trial in which the error is complained of.
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
assignment 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 error, request the judge to state in writing
the conclusions of fact found by him separately from the conclusions
of law. And in agreed cases under the statute the foregoing rules
as to assignments of error shall be complied with as far as practicable.
28. There will be no assignments of error allowed in the appellate
court when none has been filed in the lower court, unless by consent
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Moffett, James William. Gammel's Rules of the Courts of Texas, book, 1922; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5836/m1/23/: accessed July 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .