
    SMITH v. BUTCHER.
    (No. 3121.)
    (Supreme Court of Texas.
    June 16, 1920.)
    Appeal and error &wkey;> 1082(1) — Supreme Court has no jurisdiction, on error from Court of Civil Appeals, where only issue not one of substantive law.
    On writ of error to the Supreme Court, where the ruling of the Court of Civil Appeals of which plaintiff in error complains relates purely to the admissibility of certain testimony upon which the case cannot be said to. turn, the Supreme Court has no jurisdiction; no question of substantive law being presented.
    Error to Court of Civil Appeals of Sixth Supreme Judicial District.
    Action by W. M. Smith against Paul D. Smith and others, wherein the named defendant filed a cross-action against John E. Butcher. Judgment for cross-complainant was reversed and remanded by the Court of Civil Appeals (195 S. W. 1180), and Paul D. Smith brings error.
    Dismissed for want of jurisdiction.
    Jones & Jones, of Mineóla, for plaintiff in error.
    M. D. Carloch, of Winnsboro, and E. A. Tharp, of Mineóla, for defendant in error.
   PHILLIPS, C. J.

The writ of error in this case was granted by the Committee of Judges of the Courts of Civil Appeals. The Supreme Court is without jurisdiction of the case unless the ruling of the Court of Civil Appeals of which the plaintiff in error makes complaint, presents a question of substantive law. That ruling relates purely to the admissibility of certain testimony. The case cannot be said to turn upon this testimony. A question of substantive law is not presented. Browder v. Memphis Independent School District, 107 Tex. 535, 180 S. W. 1077.

The case is accordingly withdrawn from the Commission of Appeals and dismissed for want of jurisdiction. 
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