On Appellee’s Motion fo.r a Rehearing.
[9] The motion of appellee for a rehearing and an affirmance of the judgment of the. lower court will be overruled. It is insisted, however, that if this disposition of the motion is made that the judgment of this court be so reformed -as to remand the case, with instructions to the district court to enter the order of nonsuit asked for by the plaintiff in that court. Such should have been, in our opinion, the judgment of the district court, and it is therefore now ordered that the judgment of this court be so reformed, and the judgment of the district court reversed and the cause remanded, with instructions to that court to enter the order allowing plaintiff to take a nonsuit, as requested by her.'