This appeal is prosecuted by the plaintiff from the judgment of the Circuit Court of Jefferson County dismissing a suit filed by the plaintiff against appellee for libel, on the ground that the plaintiff failed, after notice, to appear and submit to an oral examination in a proceeding instituted by the defendant to perpetuate McCollum’s testimony as a witness for use in said libel suit. The proceeding to perpetuate Mc-Collum’s testimony was instituted by the defendant on April 30, 1951, under the provisions of Title 7, Chapter 10, Article 10, Code of 1940, embracing §§ 491-497, as amended, inclusive, and is a companion case entitled McCollum v. The Birmingham Post Co., a corp.,1 65 So.2d 689. On the authority of the opinion in that case, this case is due to be reversed and remanded. It is so ordered.

Reversed and remanded.