The mere giving of a peremptory instruction, not being fundamental error apparent of record, assignments complaining of such action, not supported by appropriate statements, will not be considered, as the court is not required to search the record for evidence sustaining the assignment. In Johnson v. City of Refuge Lodge (Tex.Civ.App.) 1 S.W.2d 506, 508, Judge Pleasants, for the Galveston court, said: "This court has consistently held that an assignment complaining of a peremptory instruction, or attacking a verdict on the ground that it is not supported by any evidence, does not present a fundamental error apparent upon the face of the record." To the same effect see Blackmon v. Trail (Tex.Com.App.) 12 S.W.2d 967; Chasteen v. Clark (Tex.Civ.App.) 77 S.W.2d 306.
Then plaintiffs in error proceed to discuss the case on its merits to show fundamental error committed. Johnson et al. v. City of Refuge Lodge et al. (Tex.Civ.App.) 1 S.W.2d page 506, holding: "The only claim of fundamental error presented in appellants' brief is that the evidence raises issues of fact upon which appellees' title depends, and the court was therefore not authorized to instruct a verdict in favor of appellees.