ON MOTION POR REHEARING.
Upon a consideration of the motion for a rehearing, the quoted ruling from 1 Corpus Juris, 419, § 50, set forth in the opinion of this court as originally written, is adjudged to be not applicable to the facts of the "case as made by the pleadings; and that portion of the opinion is stricken. In our judgment the other grounds of the motion for a rehearing are without merit.
Rehearing denied.
Lulce, J., concurs. Bloodworlh, J., absent.