Edward Douglass White

“ Thus, in the briefs filed in this court and in the court below, counsel discuss the effect of sections 2 and 6 of an act of the legislature of Texas approved March 19, 1889, which it is claimed affected pending receiverships, whether created by a court of the state of Texas or by a federal court, and absolutely fixed the liability both of the Kansas Company and the Texas Company to pay any valid claims which might be asserted against the receivers, and also authorized the joinder of the Texas Company as a co-defendant with the receivers in any pending suit. ”

“ This is clearly a separate and distinct proposition of law, essential to be passed upon in considering the general questions certified, though the point is not expressly referred to in the certificate. ”