Opinion
No. 4941.
November 22, 1927.
In Error to the District Court of the United States for the Northern District of Texas; James Clifton Wilson, Judge.
Action by the Texas Rawhide Paving Company against J.W. Head. Judgment for plaintiff, and defendant brings error. Affirmed.
Mark McMahon, of Fort Worth, Tex. (Cantey, Hanger McMahon, of Fort Worth, Tex., on the brief), for plaintiff in error.
Hugh B. Smith, of Fort Worth, Tex. (Slay, Simon Smith and Ogden K. Shannon, Jr., all of Fort Worth, Tex., on the brief), for defendant in error.
Before WALKER, BRYAN, and FOSTER, Circuit Judges.
A reversal is sought in this case because of the overruling of a motion of the plaintiff in error, the defendant below, "to strike out all of the oral evidence," and because of the action of the court in giving and refusing instructions to the jury. The last-mentioned rulings are not subject to be reviewed, because none of them was excepted to. The above-mentioned motion was made after the admission, without objection, so far as the record shows, of much oral evidence, some at least of which was plainly admissible. Manifestly the overruling of that motion was not reversible error.
No reversible error being shown by the record, the judgment is affirmed.