Fox v. Cone

Mr. Presiding Judge SHORT

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

The following certificate has been presented to the Supreme Court by the Honorable Court of Civil Appeals of the First Supreme Judicial District.

“An issue of law has arisen in this cause which we deem it advisable to present to you for adjudication, the facts in the record giving it rise and the formulation, of it into resulting inquiries being as follows: Appellee, plaintiff below, filed this suit against the appellants, C. P. Fox, sheriff of Refugio County, Texas, J. I. Heard, his deputy, D. S. Fox, J. M.…