Opinion
Application No. 16288.
Decided January 30, 1929.
Supreme Court — Jurisdiction — Time for Filing Application.
Application for writ of error being filed more than thirty days after overruling motion for rehearing, the Supreme Court is without jurisdiction (Rev. Stats., art. 1742) and the application is dismissed.
Application to the Supreme Court for writ of error by the Oil Corporation against Tripplehorn to review a judgment of the Court of Civil Appeals for the Eleventh District which reversed and rendered for appellant a judgment recovered by appellee, plaintiff in the trial court and applicant for writ of error here (Tripplehorn v. Ladd-Hannon Oil Corp., 8 S.W.2d Series, 217).
A motion to correct the record as to the date of overruling applicant's motion for rehearing in the Court of Civil Appeals and to reinstate his application for the writ was granted by the Supreme Court. The application for writ of error was then refused by the court and motion for rehearing thereon was refused without further written opinion.
W. R. Ely, W. L. Morris, Ike A. Wynn, and Scott, Brelsford, McCarty Brelsford, for plaintiff in error.
James G. Harrell and G. O. Bateman, for defendant in error.
The certified copy of the orders of the Court of Civil Appeals in the record before us shows that the motion for rehearing in that Court was overruled June 18, 1928. The application for writ of error was filed in the Court of Civil Appeals on July 20, 1928, — more than thirty days after the motion for re-hearing was overruled. We, therefore, have no jurisdiction of the application. Art. 1742, R. S. 1925. Flattery v. Miller, 212 S.W. 932; Long v. Martin, 112 Tex. 365; Schleicher v. Runge, 90 Tex. 456; Allen v. Comoras, 114 Tex. 581.
The application is accordingly dismissed for want of jurisdiction.