Supreme Commandery Knights of Golden Rule v. Rose

Citations

• 62 Tex. 321
• 1884 Tex. LEXIS 239

Syllabus

<p>1. Practice in supreme court —Bill op exceptions.— Every ruling of the lower court, made a ground of error, should plainly appear in the transcript, and nothing be left to inference. All rulings, save those particularly excepted by rules 53 and 54 of the district court, upon incidental motions, as a refusal by the trial judge to give his conclusions of law and fact, must be made the subject of a bill of exceptions, or they will be considered as waived.</p> <p>2. Same — Demurrer.— A demurrer will be considered as having been waived when the record does not show that it has been acted upon. Following Floyd v. Rice, 28 Tex., 341; Rowlett v. Fulton, 5 Tex., 458; Chambers v. Miller, 9 Tex., 236.</p>