On Motion for Rehearing.
Appellee has filed a motion for rehearing, insisting among other things that this Court erred in rendering judgment and not remanding the cause, with instructions to the trial court to enter judgment on the verdict and then permit appellee to file a motion for a new trial, raising such questions as that appellee has not had a fair trial, because appellant has not proved up a case and because appellee was not allowed to present its defenses to be answered by the jury. In support of its contentions ap-pellee has cited cases decided before Rule 324, T.R.C.P., was amended by order of March 19, 1957, effective September 1, 1957. The record herein was filed in this Court on September 13 1957, and therefore the briefing is governed by Rule 324 as amended, reading in part as follows: “The failure to bring forward by cross-points such grounds as would vitiate the verdict shall be deemed a waiver thereof, save and except such grounds as require the taking of evidence in addition to that adduced upon the trial of the cause.”
Vernon’s Annotated Texas Rules of Civil Procedure, 1957 Pamphlet Supplement, sets forth, among the annotations under Rulé 324 as amended, the following: “The amendment is intended to modify the holding in De Winne v. Allen, 154 Tex. 316, 277 S.W.2d 95, 99.”
The fact that appellee did not file cross-points herein, setting up the matter of which it now complains, is a waiver of such matter and this Court properly rendered judgment.
Appellee’s motion for a rehearing has been carefully considered and is in all things overruled.