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Waybourn v. Waybourn

Court of Civil Appeals of Texas, Austin
Feb 18, 1931
36 S.W.2d 258 (Tex. Civ. App. 1931)

Opinion

No. 7571.

February 18, 1931.

Appeal from District Court, Bastrop County; J. B. Price, Judge.

Action between Mrs. Rosa Waybourn and William Wesley Waybourn and others. From the judgment, Mrs. Rosa Waybourn appeals.

Affirmed.

Edwin G. Moorhead, of Austin, for appellant.

Webb Felts, of Austin, for appellee Harris Harris.


On the threshold of this appeal appellees move that appellant's brief filed herein be not considered, and that the judgment be affirmed because the brief contains no assignments of error. The brief contains no assignments of error, and the duty of this court is well stated in 3 Tex.Jur., 837, § 588, as follows:

"When the brief contains no assignments of error it will not be considered, and the assignments filed below are not properly before the court. Consequently the assignments are not entitled to consideration, and the appellate court will confine itself to a review of fundamental error apparent on the face of the record. In the absence of fundamental error the judgment or order appealed from will be affirmed."

See also the numerous cases cited in the footnotes by this authority which support the rule quoted.

We have carefully examined the record for fundamental error and find no such error, and the judgment of the trial court will be affirmed.

Affirmed.


Summaries of

Waybourn v. Waybourn

Court of Civil Appeals of Texas, Austin
Feb 18, 1931
36 S.W.2d 258 (Tex. Civ. App. 1931)
Case details for

Waybourn v. Waybourn

Case Details

Full title:WAYBOURN v. WAYBOURN et al

Court:Court of Civil Appeals of Texas, Austin

Date published: Feb 18, 1931

Citations

36 S.W.2d 258 (Tex. Civ. App. 1931)