Succession of Manning

BRUNOT, Justice.

This is a proceeding by rule. The rule was submitted to the court on an agreed statement of facts, from which we quote the following:

“The present litigation shall be confined to the determination of the question of the constitutionality vel non of Act 7 of the Third Extra Session of 1935, in so far as it relates to the particular trust in this case.” (Trans, p. 19.)

The court dismissed the rule at the plaintiff’s cost, and the plaintiff appealed from the judgment.

It would have been helpful to us if the trial judge had directly disposed of the question which was presented to the…