[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 400 In this case the subjoined opinion of Mr. Chief Justice ELLIS was originally prepared as a dissenting opinion, but in the course of the Court's consideration of the case that opinion has become the majority and controlling opinion in the case, and the opinion of Mr. Justice BROWN following has become the dissenting and minority opinion.