Gammel's Rules of the Courts of Texas Page: 49 of 70
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TEXAS COURT RULES.
p. 389, when a special instruction is requested and the provisions of this
law have been complied with and the trial judge refuses the same, he
shall endorse thereon: "Refused," and sign the same officially, and such
charge when so endorsed, shall constitute a bill of exceptions. * * *
If the trial judge modifies such special charge, he shall endrose on
said charge: "Modified as follows: (stating in what particular he has
modified the charge), and given and exception allowed plaintiff (or
defendant, as the case may be)," and sign the same officially, and such
charge when so. endorsed shall constitute a bill of exception. * * *
Held, a requested charge, covered by the main charge of the court,
is properly refused. Hartford Insurance Co. vs. Walker, 153 S. W. R., 399.
63 The entry of the judgment should carefully recite the finding
of the jury, or the several findings, if more than one, upon which the
judgment of the court is based.
64. The entry of the judgment shall contain the full names of the
parties, as stated in the pleadings, for and against whom the judgment
65. Judgments rendered upon questions raised upon citations,
pleadings and all other proceedings, constituting the record proper
as known at common law, must be entered at the date of each term
66. A cause that has been submitted for trial to tne judge on the
law and facts shall be determined and judgment rendered therein
during the term at which it has been submitted, and at least two days
before the end of the term, if it has been tried and submitted one day
before that time, unless it is continued after such submission for trial,
by the consent of the parties placed on the record, and in such event
a statement of facts and bills of exception shall be prepared and filed
upon a request in writing by either party.
MOTIONS FOR NEW TRIAL AND IN ARREST OF JUDGMENT.,
67. Each ground of a motion for a new trial or in arrest of judgment
shall briefly refer to that part of the ruling of the court, charge
given to the jury, or charge refused, admission or rejection of evidence,
or other proceedings which are designed to be complained of
in such way as that the point of objection can be clearly identified
and understood by the court.
68. Grounds of objections couched in general terms-as that the
court erred in its charge, and in sustaining or overruling exceptions
to the pleadings, and in excluding or admitting evidence, the verdict
of the jury is contrary to the evidence, the verdict of the jury is contrary
to law, and the like shall not be considered by the court.
69. When the case is determined by the judge without a jury,
counsel in making a motion for new trial shall specify succinctly the
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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/m1/49/: accessed April 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .