This petition for certiorari to the Court of Appeals does not show that application has been made to said court for a rehearing of the point or decision complained of and that said application has been decided adversely to the movant.

The overruling of an application for rehearing by that court is a condition precedent to a review by this court under Supreme Court Rule 39(44). Richardson v. State, 215 Ala. 581, 112 So. 193; Birmingham Gas Co. v. Sanders, 230 Ala. 649, 162 So. 532; Wilkerson v. State, 246 Ala. 542, 21 So.2d 622; Accardo v. State, 268 Ala. 293, 105 So.2d 865.

Because the condition precedent has not been satisfied, certiorari must be denied.

Writ denied.