
    LIVERPOOL & LONDON & GLOBE INS. CO. et al. v. LUMMUS COTTON GIN SALES CO.
    (No. 912-4985; Motion No. 8144.)
    Commission of Appeals of Texas, Section “B.”
    Nov. 1, 1928.
    See, also, 297 S. W. 563.
    Thompson, Knight, Baker & Harris and Webster Atwell, all of Dallas, for plaintiffs in error.
    Smithdeal, Shook, Spence & Bowyer, of Dallas, for defendant in error.
   SPEER, J.

Defendant in error’s motion to retax costs must be overruled, because the item as to which the retaxing is sought was one taxed in the Court of Civil Appeals, whose judgment has been affirmed, and there was no assignment of error, or writ as to that, by the defendant in error complaining of such matter. The question, therefore, is not before us.  