On Motion for Rehearing.
It was not without hesitancy that we arrived at the conclusion stated in our opinion herein. It is evident that we have decided according to the justice of the case. The decisions of the Courts of Civil Appeals cited seem to us to be at variance with the decisions of our Supreme Court. Having held differently from what was held by the Courts of Civil Appeals in the cases cited, the appellant may, if he sees proper, obtain a writ of error herein, and have the issue here involved definitely settled by tile Supreme Court.
Motion for rehearing overruled.