
    Southern Exchange Bank v. First National Bank of Dublin.
    Courts, 15 C. J. p. 1039, n. 51.
    No. 6011.
    December 13, 1927.
    Question certified by Court of Appeals (Case No. 17995).
    
      T. W. Hardwick, J. S. A.dams, and Hightower & New, for plaintiff.
    
      Burch & Daley, for defendant.
   Gilbert, J.

The question propounded, by the Court of Appeals consists of a copy of the petition in a ease, with the exception of the formal parts, including a contract attached to the petition as an exhibit, and concludes with the inquiry: “Under the facts and circumstances set forth in the petition, did the defendant national bank have the power to make the above-stated contract?” The only question raised in the case is whether the trial court erred in “sustaining the general demurrer of the defendant and dismissing the petition of plaintiff.” A proper ruling upon the assignment of error on that judgment depends solely upon a determination of the question, “did the defendant national bank have the power to make the above-stated contract?” To answer that question is to decide the entire ease which involves a mixed question of law and fact; and under repeated rulings of this court, “where a certified question of law does not propound a distinct issue of law, but in effect calls for a decision of the whole case, this court need not . . answer it.” No unmixed question of law beifag presented, we do not answer the question propounded. Lynch v. Southern Express Co., 146 Ga. 68 (4) (90 S. E. 527) ; Johnston v. Brenau College, 146 Ga. 182 (6) (91 S. E. 85) ; Louisville &c. R. Co. v. Hood, 149 Ga. 829 (2), 834 (102 S. E. 521) ; English v. Rosenkrantz, 150 Ga. 817 (105 S. E. 613); Washington &c. Co. v. Stanton, 157 Ga. 885 (2) (123 S. E. 612); Bull v. Carpenter, 158 Ga. 360 (123 S. E. 614).

All the Justices concur.  