Hemphill v. National Iron & Steel Co. , 1911 Tex. App. LEXIS 728 ( 1911 )

HIGGINS, J.

[1] The only assignment of error in the record in this case presented- for our consideration is as follows: “The trial court erred in overruling defendant’s amended motion for new trial, and not granting him a new trial for- the reasons therein set forth.” Upon examination of the amended motion, we find that three grounds were urged, viz.: First, that the court erred in overruling the appellant’s plea, of privilege to be sued in the district court of Haskell county; second, the court erred in overruling the appellant’s plea to the jurisdiction of the district court of Harris county over the subject-matter of the suit; third, the court erred in overruling the defendant’s application for a continuance. This assignment is too general to require consideration of the first and third grounds stated. in the motion for new trial. The second ground urged, however, if well taken, would be fundamental error, and we have therefore examined the. record for the purpose of ascertaining whether or not the district court of Harris county had jurisdiction over the subject-matter of this suit; and, it appearing that it did have jurisdiction thereof, the case is therefore affirmed.