City of Amarillo v. Ware

On September 15, 1930, the above case pending on appeal in this court, was certified to the honorable Supreme Court of Texas for their answers to four questions propounded by us to them for our guidance. The questions were referred by the Supreme Court to the Commission of Appeals for their answers to same, and that court answered three of the questions propounded by us, but declined to answer the fourth categorically "Yes" or "No." 40 S.W.2d 57, 62.

By referring to the published answers, it will be seen that the Commission, while declining to answer question No. 4 categorically, did discuss…