Morris & Morris v. Files

Citations

• 40 Tex. 374

Syllabus

<p>1. Although the record does not show a bill of exceptions to the action of the court overruling an application for continuance; yet the affidavit and action of the court refusing the application appearing in the transcript, the court, revised this action upon the sufficiency of the application.</p> <p>On Rehearing.</p> <p>3. The action of the court below overruling a motion for continuance must be excepted to, and bill of exceptions taken, or the appellate court will not revise such action.</p> <p>8. It is improper to incorporate in the transcript an affidavit for continuance unless it he included in a hill of exceptions to the ruling of the court thereon.</p> <p>4. Without a statement of facts, an assignment of error that the verdict is not sustained hy testimony will not he noticed unless error going to the foundation of the action he manifest on the record.</p>