After a thorough consideration of the file in this cause following the argument of counsel for all parties, it is the judgment of *789the court that the writ of certiorari heretofore issued be discharged.
It is so ordered.
THOMAS, C. J., and HOBSON, DREW, THORN AL and O’CONNELL, JJ„ concur. TERRELL and ROBERTS, JJ., dissent.