Opinion
No. 11507.
June 6, 1945.
Appeal from Cameron County Court; Bascom Cox, Judge.
Action by Malcolm E. Bostwick against E. I. Bucklin to recover moneys collected by defendant as plaintiff's agent. Judgment for defendant, and plaintiff appeals. On appellant's motion to certify a question to the Supreme Court because of a conflict of decisions.
Motion overruled.
Denying motion to certify question to Supreme Court, 190 S.W.2d 814.
Smallwood Gibbon, of Harlingen, for appellant.
West Hightower, of Brownsville, and P. F. Dominy, of San Benito, for appellee.
Appellant has filed herein a motion to certify a question to the Supreme Court because of a conflict of decisions. Rule 462, Texas Rules of Civil Procedure. This motion is overruled, for, if there be a conflict of decisions, the Supreme Court has jurisdiction of this cause upon writ of error. Article 1728, Sec. 2, Article 1821, sec. 1, Vernon's Ann.Civ.Stats.; Travelers' Ins. Co. v. Barker, 125 Tex. 359, 80 S.W.2d 953; Duval v. Clark, 138 Tex. 186, 157 S.W.2d 626; Gulf Production Co. v. Warren, Tex. Civ. App. 99 S.W.2d 616; Freedman Packing Co. v. Harris, Tex. Civ. App. 160 S.W.2d 130.
Motion overruled.