Gammel's Rules of the Courts of Texas Page: 50 of 70
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TEXAS COURT RULES.
supposed errors of law or fact, or both, into which the judge has
fallen, as far as may be practicable to do so.
70. In motions for continuance, for the change of venue, and
other preliminary motions made and filed in the progress of the
cause, the rulings of the court thereon shall be considered as acquiesced
in, unless presented in a bill of exceptions; and the rulings thereon
shall be made a ground of objection in motions for new trial or in
arrest of judgment, if they are desired to be relied on as grounds
71. Motions for new trial and in arrest of judgment shall be determined
on motion day of each week of the term, unless postponed to
the next motion day, or, for good cause shown, to a subsequent day,
and not later than two entire days before the adjournment of the
court, at which time all motions previously filed shall be determined.
71a. A motion for a new trial shall be filed in all cases where
parties desire to appeal from a judgment of the trial court, or sue,
out a writ of error in the cause, unless the error complained of is
fundamental, except in such cases as the statute does not require a
motion for a new trial.
Rules 67-71a. See, District and County Court Rules 54, 55, 101 and
lOla, and Court of Civil Appeals Rules 23-27.
Rules 67-69. See authorities under District and County Court Rule 54.
Rule 70. See, authorities under District and County Court Rule 55.
Rule 71a. The motion for new trial now constitutes the assignments
of error ahd, to be sufficient, the assignments therein must be distinctly
specified or else they are waived. Murphy vs. Murphy, 171 S. W. R.,
263. See, District and County Court Rule lOla; Martin vs. Stires et al.,
171 S. W. R., 836; Watson vs. Patrick, 174 S. W. R., 632. Held, the
assignments, as they appear in such motion, must be correctly copied in
the brief. Id., last cited. Held, in case tried before the court, where no
motion for a new trial or findings of fact and conclusions of law were filed
in the court below, the assignments of error could not be considered.
Pollard vs. Adams Commonwealth
Bonding Co. vs. Cator, 175 S. W. R., 1074. Held, as to cases tried before
the court in which findings of fact and conclusions of law are filed, a
motion for new trial need not be filed. Dees vs. Thompson, 166 S. W. R.,
56; Cornelius vs. Harris, 163 S. W. R., 346; Walsh vs. Methodist Church,
173, S. W. R., 241. See authorities cited under assignments of error.
Court of Civil Appeals, Rules 22-28.
Held, motion for new trial not necessary in case tried on special issues.
Stubblefield vs. Jones, 230 S. W. R., 720.
THE STATEMENT OF FACTS.
72. When the evidence adduced upon the trial of a cause is sufficient
to establish a fact or facts alleged by either party, the testimony
of witnesses, and the deeds, wills, records, or other written instruments,
admitted as evidence, relating thereto should not be stated or
copied in detail into a statement of facts but the facts thus estab
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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/m1/50/: accessed January 21, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .