The issues and the burden of proof in this case were set out fully in our opinion filed on the motion to quash the return, 48 Fla. 129, 37 South. Rep. 314. The respondent has wholly failed to meet these issues and the peremptory writ must, therefore, be awarded.

Judge Carter, if present, would concur.

Taylor, C. J., Shackleford, Cockrell and Hocker, JJ., concur.

Carter, J., absent. Whitfield, J., disqualified, took no part in the consideration of.this case.