Darnell v. Lyon
Texas Supreme Court
This case came before the Supreme Court on certificate, under section 35 of the act to organize the Courts of Civil Appeals, from the Court of Civil Appeals, Second District, in an appeal from the County Court of Grayson County. The said court certified certain questions as novel and important, arising upon the construction of certain instruments, copies of which accompanied the certificate.
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This case came before the Supreme Court on certificate, under section 35 of the act to organize the Courts of Civil Appeals, from the Court of Civil Appeals, Second District, in an appeal from the County Court of Grayson County. The said court certified certain questions as novel and important, arising upon the construction of certain instruments, copies of which accompanied the certificate. The questions certified and instruments construed are sufficiently given, in the opinion.
1Dissent
STAYTON, Chief Justice,
dissenting.—There can be no doubt of the intention of the Legislature to confer upon the Supreme Court jurisdiction of a question of law found in a case appealed to a Court of Civil Appeals, although that court had made no decision of the question or •cause, interlocutory or final in character; nor can there be doubt of the intent to make the decision of the Supreme Court on the question certified binding upon the Court of Civil Appeals.
In the matter before this court, the Court of Civil Appeals has made no decision of the cause nor of the questions certified, and the…
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