SMITH, Justice. This is an original mandamus proceeding brought in this Court by John F. Clingingsmith, relator, to require the Dallas Court of Civil Appeals to certify to this Court certain questions of law involved in Clingingsmith v. Bill Sheer, 239 S.W.2d 116. Relator seeks relief here on the grounds that the decision of the Court of Civil Appeals in the instant case is in conflict with an opinion rendered by the Supreme Court and opinions rendered by other Courts of Civil Appeals, and that under Rule 462, Texas Rules of Civil Procedure, the Dallas Court of Civil Appeals is required to certify the requested questions of law involved to this Court.
YOUNG, Justice. On a former day of this term in above styled cause we affirmed the trial court's order on plea of F. P. Case to the venue, whereby the suit as to said defendant was transferred to the county of his residence-Smith; see 239 S.W.2d 116; later overruling Clingingsmith's motion for rehearing and to certify. Permission was thereafter granted by the Supreme Court to Clingingsmith for filing of application to compel certification; and upon hearing of the proceedings in mandamus, styled Clingingsmith v. Bond et al., it was the judgment of our Supreme Court that this Court was in error in its order affirming the transfer of cause as to respondent Case; but that on the other hand venue as to such party properly lay in Dallas County.