1. Absence of Attorney.
Absence of any attorney at the trial of a cause is not a ground for new trial. A refusal of such motion will not be revised on appeal.............................. 431
2. Errors Not Assigned in Petition for Writ of Error.
On an application for writ of error this court will not consider error in a charge of the trial court where it is not complained of in the application .............. 431
GAINES, CHIEF JUSTICE.
We have carefully examined the application for a writ of error in this case, and are of opinion that the grounds of error therein assigned are not well taken.
In order, however, to prevent a misapprehension which may result from a refusal of the writ of error by this court, we deem it proper to say, that the charge upon the question of exemplary damages which was passed upon by the Court of Civil Appeals is not assigned as error in this court, and therefore is not before us for consideration.
The application is refused.
Application refused.
Delivered January 17, 1895.