159 S.W. 896 | Tex. App. | 1913
Stella Moore, appellant, brought this suit against appellees, Early B. Moore and Ivory Moore, for the recovery of a one-half interest in a tract of land described in her petition and praying for partition. A trial before the court without a jury resulted in a judgment for appellees, and appellant appeals. *897
Appellant, by her first assignment of error, complains that the court erred in failing to find and file findings of fact and conclusions of law, although requested by her in writing to do so.
We find in the record a written application signed by appellant's counsel requesting the court to file its written findings of fact and conclusions of law, but there is nothing in the record, other than the mere filing of this request, to indicate that it was called to the attention of the court, and the point was not preserved by a bill of exceptions. It has been repeatedly held that the failure of the judge to file such conclusions would not be considered without a bill of exceptions. Cottulla v. Goggan,
Appellant's second, third, and fourth assignments complain that the judgment is contrary to the law and the evidence. She did not file a motion for new trial in the district court, and under rules 24, 25 (142 S.W. xii), and 71a (145 S.W. vii) the assignments present matters which, in the absence of such a motion, this court has no power to revise. American Rio Grande Land Irrigation Co. v. Mercedes P. Co., 155 S.W. 292.
There is no fundamental error apparent on the face of the record. The judgment, therefore, will be affirmed.
Affirmed.