Leonard Bros. v. Newton

Mr. Judge Taylor

delivered the opinion of the Commission of Appeals, Section B.

Defendant in error has filed a motion praying that the order granting the application for writ of error be set aside *2and the application dismissed, for the reason that it appears the court was without jurisdiction to grant the writ.

It is pointed out in the motion that it does not appear from the application that the matter therein complained of by defendant in error was complained of in a motion for rehearing filed in the Court of Civil Appeals, or even that such motion was filed.

It is essential to the jurisdiction…