I agree with the foregoing only on the supposition that the majority were correct in denying the writ heretofore applied for in this court in the same proceedings pending in the district court. As the records will disclose, I disagreed with the majority in denying the writ first applied for. I concur in the action *Page 93 of the majority in this proceeding only by accepting the action of the majority on the first application as stare decisis.