Houston North Shore Railway Co. v. Tyrrell

Mr. Judge SMEDLEY

of the Commission of Appeals delivered the opinion for the court.

Since the question certified by the Court of Civil Appeals is in substance whether the pleadings and evidence stated in the certificate precluded the condemnation sought by appellants, it is necessary to set out the entire certificate and the copy of the deed attached to it as an exhibit. They are as follows:

“The question of law hereinafter certified arises out of the facts appearing in the record of this cause, now pending undetermined • here on appeal from the County Court at_Law of Harris County, which — for…