Opinion
No. 7072.
Decided December 8, 1937.
Application for Writ of Error — Rules.
An application for writ of error which does not show that a motion for rehearing has been filed in the Court of Civil Appeals presenting the points on which the writ was based, does not comply with Rule 1(d) of the Supreme Court, and application should be dismissed.
Error to the Court of Civil Appeals for the Second District, in an appeal from Wichita County.
Suit by F. J. Watkins against Texas Employers' Insurance Association to set aside a compromise agreement and to recover compensation accruing to him under the Workmen's Compensation Law of the State of Texas, as the result of an injury, resulting in total and permanent disability. Judgment in favor of plaintiff was reversed and rendered by the Court of Civil Appeals ( 90 S.W.2d 622), and plaintiff has brought error to the Supreme Court.
The order granting the application for writ of error is set aside and the writ of error is dismissed.
E. W. Napier, of Wichita Falls, for plaintiff in error.
T. R. Boone and Kearby Moore, both of Wichita Falls, for defendant in error.
The Court of Civil Appeals reversed the judgment of the trial court in this cause, and rendered judgment for the defendant in error. 90 S.W.2d 622. A writ of error was granted.
The application for writ of error failed to show that a motion for rehearing had been filed in the Court of Civil Appeals, presenting the points on which the writ was based. Defendant in error has filed a motion to dismiss said application, because it does not comply with the rules of this Court in the above respect. That motion is now pending before this Court.
The application having failed to comply with the rules of this Court in the respect above stated, the writ was improvidently granted. Under the ruling made by this Court in the case of H. C. Glenn, Receiver, v. A. V. McCarty, Jr., et al., 130 Tex. 641, 110 S.W.2d 1148, this day announced, the motion must be sustained.
The order of this Court heretofore entered granting the writ of error is set aside, and the application for writ of error is hereby dismissed.
Opinion delivered December 8, 1937.