dissents ; Black, J., regards the action of the trial court as correct in trying the cause as simply an action at law, and concurs in reversing and remanding ;
Brace and Barclay , JJ., concur.dissents ; Black, J., regards the action of the trial court as correct in trying the cause as simply an action at law, and concurs in reversing and remanding ;
Brace and Barclay , JJ., concur.