Bell v. Bowles

On Motion for Rehearing.

It is suggested that our construction of articles 3447 andl 3452, Rev. Statutes, quoted in our original opinion, amounts to judicial legislation, and that we are in conflict with the case of Logan v. Gay, 99 Tex. 603, 90 S. W. 861, 92 S. W. 255, Hicks v. Oliver, 78 Tex. 233. 14 S. W. 575, De Cordova v. Rogers, 97 Tex. 63, 75 S. W. 16 and Bloom v. Oliver, 56 Tex. Civ. App. 391, 120 S. W. 1101, and hence that the question should be certified to our Supreme Court for determination.

We disavow any purpose on our part to invade the domain of legislation or to substitute our…