
    THOMPSON et al. v. ENFIELD.
    No. 1696—6944.
    Commission of Appeals of Texas, Section B.
    Oct. 13, 1937.
    Phillips, Trammell, Chizum, Estes & Edwards, of Fort Worth, Frank L. Mc-Clendon, of Tyler, and Futch & Weldon, of Henderson, for plaintiffs in error.
    Massingill & Belew, Homa S. Hill, and Burton B. Paddock, all of Fort Worth, for defendant in error.
   TAYLOR, Commissioner.

The Court of Civil Appeals refused to take jurisdiction of this case on the ground that the appeal sought to be filed in that court was not filed within the time required by. law. Plaintiffs in error’s application for the writ filed in this court following the order of dismissal was granted on May 29, 1935. On the same date the writ was granted, defendant in error filed herein a motion to dismiss the application on the ground that it fails to disclose that the matters therein complained of by defendant in error were complained of in a motion for rehearing filed in the Court of Civil Appeals. The application for the writ does not point out or state that any of the rulings sought to be reviewed here were assigned as error in a motion for rehearing in the Court of Civil Appeals.

It is the settled practice in this court when the matter is called to its attention to dismiss an application for writ of error granted without authority of law, as it was in this case. Leonard Bros. v. Newton (Tex.Com.App.) 101 S.W.(2d) 223; Knodel v. Equitable Life Ins. Co. (Tex.Com.App.) 221 S.W. 941; Employers’ Cas. Co. v. Roland (Tex.Com.App.) 1 S.W.(2d) 568; Blackmon v. Trail (Tex.Com.App.) 12 S.W.(2d) 967. See, also, in this connection City National Bank in Childress v. Phillips Petroleum Co., 124 Tex. 456, 78 S.W.(2d) 576 and Grayce Oil Co. et al. v. Peterson et al. (Tex.Sup.) 98 S.W.(2d) 781; Glenn, Receiver v. McCarty (Tex.Sup.) 107 S.W.(2d) 363; Casualty Reciprocal Exchange v. Dawson (Tex.Com.App.) 107 S.W.(2d) 994.

The writ having been inadvertently granted, defendant in error’s motion to set aside the order granting same, and to-dismiss the application, is granted.

Opinion adopted by the Supreme Court.  