Jones v. Liberty Mut. Ins. Co.

BROWN, Justice. At the outset, we are confronted with proper objections to the appellant’s brief, arising out of the fact that this case was tried to a jury. A verdict was returned by the jury favorable to the appellant, who is the surviving wife of a deceased employee, but the trial court overruled the claimant’s motion for judgment on the verdict of the jury, and sustained the insurance carrier’s motion for judgment -notwithstanding the verdict, and no motion- for a new trial was filed by the appellant as a predicate for her appeal. The Supreme Court, in Stillman v. Hirsch, 128 Tex. 359, 99 S.W.2d 270, in an exhaustive opinion by Mr. Justice Sharp, pointed out the necessity for the amended rules, as adopted by the Supreme Court on the date said opinion was handed down, towit, December 9th, 1936. Linder the present Rule No. 71a, and present Rule No. 24, we believe that the appellant is before this court without an assignment of error, or assignments of error, properly presented under the rules. No proper assignment of error being before this court, and finding no fundamental error in the record, judgment of the trial court is affirmed. Lewis v. Lewis, Tex.Civ.App., 125 S.W.2d 375, writ refused.