Smith v. Free

Mr. Judge Hickman

delivered the opinion of the Commission of Appeals, Section A.

The opinion of the Honorable Court of Civil Appeals in this .case is reported in 80 S. W. (2d) 419. Under the views which we entertain of the controlling question presented we find it unnecessary to make a statement of the issues involved on the merits of the suit.

In 1933 the Court of Civil Appeals overruled a motion of plaintiff in error seasonably filed to affirm the judgment of the trial court on certificate as provided by R. S. Art. 1841. The facts presented by the certificate were essentially the same as those…