Texas Supreme Court February 7, 1888, No. 2516 (Johnson v. Sabine & East Texas Railway Co.)

Stayton, Associate Justice.

It is urged that the court erred in sustaining a demurrer to the plaintiff’s petition, but the record does not show any such ruling, on the contrary the same was tried on its merits and the facts. There are no conclusions of fact and law found in the record, and hence the assignments based on supposed findings of particular facts can not be considered.