Gulf v. Montier.

Citations

• 61 Tex. 122
• 1884 Tex. LEXIS 58

Syllabus

<p>1. Pleading.— Though a pleading for want of specific averments may be bad on special exception, yet if it states, though in terms too general, a cause of action prima facie, an exception to it which fails to point out specifically the defect in the pleading should be overruled. See opinion for an illustration of this rule.</p> <p>3. Assignments of error.— Appellant relied on the following assignments of error: . . . “II. The court erred in overruling the motion of defendant for a new trial: 1. Because the verdict was contrary to law. 3. Because the verdict was contrary to the instructions of the court. 3. Because the verdict was contrary to the evidence. III. The court erred in overruling the motion for a new dial, because, under the law and the instructions of the court, the verdict was not supported by the evidence.” Held: That, in view of the statute and the rules of court, the assignments of error were too general to receive consideration.</p>