
    PERRY G. TICE, Appellant, v. FRANK FLEMING, Respondent.
    St. Louis Court of Appeals,
    April 10, 1900.
    Constitutional Question. Where the record presents to this court a constitutional question, the cause will be transferred to supreme court.
    Appeal from the Texas Circuit Court.—Hon. William N. 'Evans, Judge.
    Transferred to supreme court.
   BLAND, P. J.

The appellant by his motion for a new trial, which is incorporated in the bill of exceptions and is made a part of the record, raised a constitutional question in the trial court, which constitutional question is duly presented to this court for decision, wherefore the cause is transferred to the supreme court for its decision.

Judge Bond concurs; Judge Biggs absent.  