Aetna Life Insurance v. Gallagher

Mr. Judge HICKMAN

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

This is an original application filed in the Supreme Court by Aetna Life Insurance Company, relator, against the Honorable Court of Civil Appeals for the 10th Supreme Judicial District of Texas, at Waco, composed of Honorable J. N. Gallagher, Chief Justice, Honorable James P. Alexander and Honorable J. A. Stanford, Associate Justices, and J. M. Mclver, the adverse party in the litigation, to compel the Court of Civil Appeals to certify to the Supreme Court the following question:

“Since appellee did not offer…