The only question presented by the motion for rehearing is the question of res judicata. The paragraph relating to this subject in the original opinion (Gille v. Emmons, ante, p. 462, 464, 138 Pac. 608) is withdrawn. The trial court made no ruling upon the question of res judicata, and the question remains open for the determination of any court of competent jurisdiction which may try the case.

The motion for rehearing is denied.