(dissenting.)
For the reasons set forth in the Order of the Circuit Judge, dated July 26, 1949, I am of the opinion that the Trial Judge in exercising his judicial discretion did not do so arbitrarily or for reasons clearly untenable or unreasonable. State v. Scates, 212 S. C. 150, 46 S. E. (2d) 693. Prudential Insurance Co. v. Stack, 4 Cir., 60 F. (2d) 830.
Oxner, J., concurs.