Union Joint Stock Land Bank v. Byerly

OPINION

By BARNES, P. J.

This cause was submitted orally at the October Term, 1937, on a motion to postpone determination pending a decision of the United States District Court of Appeals on what was claimed to be a controlling question. Counsel for appellee vigorously resisted the motion, making the contention that the case pending in the United States District Court was not controlling. Under this situation .we announced we would take the case both on the motion and the merits, thinking this plan would expedite the final determination. Leave was taken *438to file briefs and thereafter the file…