Glenn v. Dallas County Bois D'Arc Island Levee District

Mr. Judge STAYTON

delivered the opinion of the Commission of Appeals, Section A.

The trial court having sustained a general demurrer to the first amended original answer of defendant, who is now appellant, but there being an allegation in a supplemental answer seeking to set up fraud, which, in the Court of Civil Appeals, was claimed to be a defense to the Levee District’s suit, the Court of Civil Appeals, upon this situation, has. certified as the first of four questions, the following :

11 Since the allegations of fraud were included only in the Supplemental Answer filed in response to…