Fires v. Kinney-Shotts Inv. Co.

On Motion for Rehearing.

In our former opinion we refused to consider appellant’s four assignments which had not been filed in the lower court and did not appear in the transcript.

We based our holding on the decision in Henderson et al. v. Odessa Bldg. & Finance Co. (Tex. Com. App.) 27 S.W.(2d) 144, but after a more careful study o'f the question we have concluded that we were in error in such refusal. Gulf Manufacturing & Lumber Co. v. Newton (Tex. Civ. App.) 27 S.W.(2d) 873; Johnson v. Poteet (Tex. Civ. App.) 279 S. W. 902 (writ refused); Moody v. Bonham (Tex. Civ. App.) 178 S. W. 1020 (writ…