154 S.W. 336 | Tex. App. | 1912
Lead Opinion
For the reason stated, and upon the authorities cited in a written opinion by this court in the case of National Bank of Commerce v. Lone Star Milling Co.,
Addendum
The first assignment of error complains of the action of the court in overruling plaintiff's special exception No. 2 to defendant's first amended original answer. His fourth, fifth, seventh, eighth, ninth, twelfth, thirteenth, fourteenth, fifteenth, and eighteenth assignments assail the rulings of the court upon the admission of testimony. The thirty-fifth assignment insists that the judgment is unsupported by the evidence. The twenty-fourth, twenty-sixth, twenty-seventh, thirtieth, and thirty-second assignments assail various paragraphs of the court's charge.
The remaining assignments of error filed in the lower court by appellant are not brought forward in the brief, and are therefore waived.
In the absence of a statement of facts and bills of exception, we cannot consider an assignment of error based on the ruling of the trial judge upon special exceptions to pleading. Chicago, etc., Ry. Co. v. Barrett,
It is the further settled practice in this state that the rulings of the court below, upon the admission or rejection of evidence, must be presented by proper bill of exceptions. Phillips v. Texas Loan Company,
In the absence of a statement of facts, this court cannot revise the rulings of the trial court in the admission or exclusion of evidence, for the reason that in most cases, without a statement of the whole evidence, it is impossible for the appellate court to determine whether or not error, if error there be, has operated to the prejudice of the appellant. We have no means of ascertaining the materiality of such testimony without facts necessary to show how it affected the appellant. Castellano v. Marks,
The general rule is further established that the action of the lower court, in giving or refusing instructions, will not be revised on appeal in the absence of a statement of facts. Pioneer Lumber Company v. Smither,
A careful consideration of the assignments above referred to, relating to the errors of the court in the main charge, shows that the matter therein contained is not erroneous or objectionable by reason of anything set forth in the pleadings. No issue is submitted to the jury not made by the pleadings. Hill v. Gulf, etc., Ry. Co.,
We have reviewed the record for the purpose of ascertaining the existence, if any, of fundamental error, requiring a reversal; and failing to find any such error, and the above-named assignments not being supported by statement of facts and bills of exception, so as to enable us to pass upon their respective merits, the judgment of the district court is affirmed.