WALKER, Justice.
This case is before us on the following certificate from the Court of Civil Appeals at Beaumont:
"The above-styled cause is pending before us on second motion for rehearing. * * * One member of our court is disqualified from sitting in judgment on the case, and the accord between the remaining two members in respect to the questions we certify was not born of enthusiasm and is perhaps less than stable. The questions affect the right of the...
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