140 S.W. 817 | Tex. App. | 1911
The first assignment of error reads as follows: "The verdict of the jury is excessive, and finds against defendant an amount greater than all the testimony in the case will warrant." The amended motion for new trial set forth the grounds for the claim of excessiveness of the verdict as follows: "Because the verdict of the jury is excessive, and finds against the defendant an amount greater than all the testimony in the case will warrant."
That this specification of error in the motion for new trial is too general to have required the trial judge to consider it is settled by the decisions in this state beyond any question. The same with reference to the assignment of error as a sufficient assignment to warrant this court to go into the matter. Tudor v. Hodges,
The second assignment is, in substance, that the verdict did not dispose of defendant's cross-action, and the judgment entered upon the verdict was for this reason unauthorized.
It is not contended that the charge did not submit and submit properly the issues raised by the cross-action. The contention simply is that the verdict in itself did not expressly find against the cross-action. In the manner in which we find the issues submitted and the jury directed the verdict involved a disposition of the cross-action against defendant.
Judgment affirmed.