TEXAS STATE BOARD OF EXAMINERS IN OPTOMETRY v. Lane

BOYD, Justice.

This is an appeal by Texas State Board of Examiners in Optometry from a judgment setting aside an order of appellant canceling the license of Sidney H. Lane to practice optometry in this State.

The only point of error is that the trial court was without jurisdiction to enter the judgment appealed from because the suit filed by appellee to set aside the Board’s order was dismissed by the court at a prior term.

The suit to set aside the Board’s order was filed July 12, 1957. The Board filed an answer on July 17,1957.

The following appears on the minutes of the trial court:

“Minutes of…