Massie v. Hutcheson

HALL, O. J.

I respectfully dissent from the opinion of the majority, both as to the holding upon the principal questions presented and in the disposition of the appeal. I think the judgment should be affirmed because the issues, upon which it has been reversed, have been heretofore settled by the Commission of Appeals contrary to the decision of the majority. When the Supreme Court or the Commission of Appeals has definitely decided a question in a case upon a former appeal, such decisions are binding upon this court and upon the trial court. Le Sage v. Maxie (Tex. Civ. App.) 286 S. W. 612;…