Texas Employers' Ins. Ass'n v. Hoehn

On Rehearing.

■ Appellee errs in its assumption that we held this court “had no jurisdiction in this case.” Had it been so held, the appeal would have been dismissed.

This is a case where the trial court assumed jurisdiction and rendered judgment upon the merits in favor of the plaintiff when the facts necessary to confer jurisdiction upon that court were not shown.

This being the case, this court had and assumed appellate jurisdiction for the purpose of reversing the judgment erroneously rendered below, and since it was apparent the jurisdictional defect could not be remedied, judgment was here…