177 Ga. 430 | Ga. | 1933
Under the provision of the constitution with reference to the certification of questions by the Court of Appeals to the Supreme Court, as previously construed by this court, “each question certified must be a distinct question or proposition of law clearly stated so that it could be definitely answered without regard to other issues of law or of fact in the case.” A question must not contain inferences drawn either from the pleadings or from the evidence. The first question can not be answered, because it is not framed in accordance with the rules above stated. Hubbard v. Bibb Brokerage Co., 172 Ga. 520, and cit., supra. In that case it was also said: “This court has consistently applied and followed the practice of the Supreme Court of the United States in considering certified questions under the above-stated provisions of the State constitution. Our constitutional provision was conceived on and patterned after the Federal provisions for certifying questions from inferior Federal courts to the Supreme Court.” The rulings made by the Supreme Court and followed by this court have been, without exception, in line with what was ruled in Hubbard v. Bibb Brokerage Co. Graver v. Faurot, 162 U. S. 435 (16 Sup. Ct. 799, 40 L. ed. 1030); Warner v. New Orleans, 167 U. S. 467 (17 Sup. Ct. 892, 42 L. ed. 239) ; McHenry v. Alford, 168 U. S. 651 (18 Sup. Ct. 242, 42 L. ed. 614); Felsenheld v. U. S., 186 U. S. 126 (22 Sup. Ct. 740, 46 L. ed. 1085); Biddle v. Luvisch, 266 U. S. 173 (45 Sup. Ct. 88, 69 L. ed. 229).
The first question propounded states that the prayers in this petition “are essentially similar to those” in Mobley v. Shannon, 169
The second headnote does not require elaboration.