On Motion for Rehearing.
In their motion for rehearing, appellant apparently construed the opinion in this case to deny any relief when the error complained of was committed by the trial court after judgment had been entered. The opinion is not susceptible to such construction. The holding is that an error occurring after the trial of a case and in reference to the perfecting of the record, the appeal on such *434complaint can only be considered by this court when such complaint is presented by proper assignments of error filed in the lower court and made the basis of an appeal, and that the mere filing of affidavits in this court, showing the commission of such error, cannot taire tne place of proper assignments of error in the court below. That this rule of procedure must be followed is specifically declared in Ennis Mercantile Co. v. Wathen, 93 Tex. 622, 57 S. W. 946, cited in the original Opinion and followed by this epurt in the disposition of this case. Motion for rehearing is overruled.
Overruled.