Cain v. Mack

33 Tex. 135

Opinion

Walker, J.

We think it was competent for the plaintiff below to prove by parol the authority of W. T. Heal to sign the name of Mrs. M. Cheney, his mother, to the note sued on; and that there is no error appearing on the record.- There was no motion in the district court for a new trial, nor does any statement of facts accompany the record. (See Hart v. Ware, 8 Tex. R. 115.)

Where there is no motion for a new trial the judgment of the court below will not he disturbed on the ground that the verdict is not supported by the evidence. The judgment below is affirmed,

Affirmed.