224 S.W. 1087 | Tex. Comm'n App. | 1920
The motion for rehearing is by the plaintiff in error. The ground of the motion is that error was committed in not considering the assignments of error which complain of the action of the trial court in refusing to strike out certain testimony as hearsay and in declining to permit defendant to introduce in evidence certain portions of plaintiff’s pleadings. These assignments were not considered, for the reason that they did not present questions of substantive law, and were not, therefore, within the jurisdiction of the Supreme Court.
It is urgently insisted in the motion that this ruling was erroneous for two reasons: First, because the questions presented in these assignments were in fact of substantive law; and, second, because the Supreme Court upon taking jurisdiction of the case upon other grounds acquired jurisdiction for all purposes.
We conclude that the motion for rehearing should be overruled.