Mutatis mutandis, all that Mr. Justice, now Chief Justice, Gardner said for our Supreme Court in' the opinion in the case of Jerrell v. Equitable Life Assur. Soc. et al., 222 Ala. 687, 134 So. 132, has application here — the situations with reference to bills of exceptions vel non being identical.

Hence, upon the authority of the opinion and decision in that case, the judgment appealed from is affirmed. Code 1940, Tit. 13, § 95.

Affirmed.