This cause having been submitted to the Court upon a stipulation and agreement of counsel for the respective parties providing and praying that the judgment in this cause be reversed, it is thereupon ordered by the Court that the judgment of the Circuit Court in this caus'e be and the same is hereby reversed upon stipulation of counsel and the cause remanded for further appropriate proceedings.

Davis, C. J., and Whitfield, Terrell, Brown and Buford, J. J., concur.