Gammel's Rules of the Courts of Texas Page: 25 of 70
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TEXAS COURT RULES.
which findings of fact and conclusion of law are filed, duly excepted to,
that it was not necessary to file a motion for a new trial in order to file
assignments of error calling in question the sufficiency of the evidence as
a question of law to support the judgment. Walsh vs. Methodist Church,
South, 173 S. W. R., 241; Dees vs. Thompson, 166 S. W. R., 56, citing
American, etc., vs. Mercedes, etc., 155 S. W. R., 286; Cooney vs. Dandridge,
158 S. W. R., 157; Moore vs. Rabb, 159 S. W. R., 85; Commonwealth
Bonding Co. vs. Cator, 175 S. W. R., 1074. See Ry. Co. vs. Beasley
(S. C.), 155 S. W. R., 183. Held, in case tried before the court
where neither findings of fact and conclusions of law, nor motion for a a;rw
trial, were filed, the assignments of error were invalid and could not be
considered. Pollard vs. Allen Lane vs. Miller
Lumber Co., 176 S. W. R., 100. Held, notice of appeal in the court below
and a motion for a new trial therein is not required, where the case
Is brought up by petition and writ of error, in order to confer jurisdiction
on the appellate court. McPhaul et al. vs. Byrd et al., 174 S. W. R,, 614;
Vineyard vs. McCombs, 100 T., 318 (99 S. W. R., 544). Held, motion
for new trial not necessary in case tried on special issues. Stubblefield
vs. Jones, 230 S. W. R., 720.
ORDER OF COURT.
Effective September 1, 1921, the following shall constitute the rules
governing the preparation of briefs in the Courts of Civil Appeals
and the practice in relation thereto, in lieu of the present rules upon
those subjects, Nos. 29 to 45 inclusive, some of these rules being in
substance retained, and others entirely revoked or amended:
The opening part of the brief for the appellant or plaintiff in error
shall consist of a plain and succinct statement of the nature and result
of the suit, not argumentative, but constituting a concise statement
of the case.
Following the statement of the case there shall be stated consecutively,
separately subdivided and numbered, the propositions or points
upon which the appeal is predicated. These shall be germane to one
or more of the assignments of error or relate to fundamental error.
The purpose of this rule is to enable'counsel to state immediately
and briefly, and without repetition, the questions in the case and to
acquaint the court at once with the propositions presented for decision.
After the propositions upon which the appeal is rested the brief
shall contain, addressed respectively to the several propositions or
points presented, such argument or discussion as is desired, with a
reference to the authorities relied on, and a clear and accurate state
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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/m1/25/: accessed June 22, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .