Gerneth v. Galbraith-Foxworth Lumber Co.

While this motion was pending on motion for rehearing, we certified to the Supreme Court the questions hereinafter set out:

“This cause originated in the district court of Cooke county, a court which may not by law continue more than 8 weeks. D. C. Gerneth, a minor, sued by his next friend, his father, Otto Gerneth, the Galbraith-Foxworth Lumber Company, for personal injuries alleged to have been sustained by the minor. Judgment was entered for defendant on an instructed verdict on January 20, 1927. Plaintiff’s amended motion for new trial was filed February 25, and overruled the .same day.…