Page 1119


65 S.W.2d 1119


Maud GILES et al.
v.
TEXAS EMPLOYERS' INSURANCE ASSOCIATION.

No. 1465.


Court of Civil Appeals of Texas. Waco.


December 14, 1933.

Error from District Court, Freestone County; H. F. Kirby, Judge.

W. T. Thomason, of Wortham, for plaintiffs in error.

Lawther, Cox & Cramer, of Dallas, for defendant in error.

GALLAGHER, Chief Justice.

Plaintiff in error Mrs. Maud Giles, for herself and as next friend for her two
minor children, instituted this suit in the district court against defendant in 
error, Texas Employers' Insurance Association, to set aside on equitable grounds 
a decree of dismissal entered herein at a former term, and, in addition thereto,
to set aside an order of the Industrial Accident Board denying compensation for 
the death of J. W. Giles, husband and father, respectively, of plaintiffs in 
error, and to recover compensation for his death. The parties will be designated
as in the trial court. Defendant presented a general demurrer to plaintiffs' 
petition, which was sustained by the court. Plaintiff asked leave to file an 
amended petition, which was refused, and judgment dismissing the present suit 
was entered.

Plaintiffs present an assignment of error in which they complain of the action 
of the court in refusing to permit them to file such amended petition. Defendant
has filed herein a written confession of error in response to said assignment.
The judgment of the trial court is therefore reversed, and the cause remanded 
for further proceedings.