WALTER, Justice.
Our order overruling appellee's motion to dismiss the appeal is hereby set aside and said motion is granted. As shown by H. E. Wells' original petition, he sought relief against Texas Farm Bureau Mutual Insurance Company as follows:
"Wherefore, premises considered, Plaintiff prays that the Defendant be cited to appear and answer herein, and that upon final hearing hereof that he have judgment against the Defendant wherein Defendant is to be...
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