This petition was first presented to Judge C. B. Smith, circuit judge, Tenth circuit, who denied the rule nisi; therefore the petitioner has the right to appeal therefrom. Section 6085 of the Code of 1923; Mayfield et al. v. Court of County Com’rs Tuscaloosa County, 148 Ala. 548, 41 So. 932; State, of Alabama, ex rel. Crow v. Crook, Judge, etc., 123 Ala. 657, 27 So. 334; Ex parte Campbell, 130 Ala. 171, 30 So. 385.

Rule nisi denied.