This cause having been submitted to the Court upon respondent's motion to quash the alternative writ of mandamus issued herein and upon briefs *Page 214 of counsel for the respective parties, and the Court being now advised of its judgment to be given in the premises, it is ordered and adjudged by the Court that the alternative writ of mandamus heretofore issued in this cause be and the same is hereby quashed.
WHITFIELD, TERRELL, STRUM, BROWN AND BUFORD, J. J., concur.
ELLIS, C. J., dissents.