Another v. Whitaker

• Citation: 8 Tex. 204
• Parties: CHEVALLIER AND ANOTHER v. WHITAKER.
• Decision Date: 01 January 1852
• Court: Texas Supreme Court

8 Tex. 204

CHEVALLIER AND ANOTHER

v.WHITAKER.

Supreme Court of Texas.

1852.

Where there was no assignment of errors, and the counsel for the appellee argued some of the questions raised on exceptions taken in the court below, but presented also the ground that errors in the judgment, for want of an assigment, were waived, it was considered as a motion to dismiss for want of an assignment of errors, and the appeal was dismissed accordingly.

Appeal from Nacogdoches.

J. M. Ardrey, for appellants.

S. P. Donley, for appellee.

HEMPHILL, CH. J.

In this case there was no assignment of error, as required by law. The appellee argues some of the questions raised on the exceptions taken in the court below, but presents also the ground that errors in the judgment, for want of assignment, have been waived. This may be considered as a motion on his part to dismiss for the want of an assignment of errors, and this is accordingly granted.

Appeal dismissed.