On Rehearing
LAWSON, Justice.Appellant has filed application for rehearing wherein it is insisted that we should have rendered a decree in this court rather than remand the cause to the circuit court. We are in accord with this insistence. § 140, Title 51, Code 1940; State v. Woods, 242 Ala. 184, 5 So.2d 732. It results that the decree of the trial court is reversed and a decree will be here rendered for the amount of the assessment made against appellee by the Department of Revenue of the State of Alabama.
Judgment corrected. Application for rehearing overruled.
LIVINGSTON, C. J., and BROWN and SIMPSON, JJ., concur.