(concurring in part, dissenting in part). On the first proposition I fully concur with Mr. Justice Straup. A careful examination of the pleadings and the proceedings had at the trial has convinced me that the conclusions reached' upon that question are entirely sound. I, however, dissent from the conclusions reached by my Brethren upon the second proposition, for the reasons stated in my former dissenting •opinion. Upon that proposition I think a rehearing should be granted.