For the reasons assigned in the case of Little v. Campbell et al., La. App., 20 So.2d 627.

It is ordered that the judgment appealed from be reversed and set aside, and it is now ordered that the case be remanded to *Page 635 the district court for trial in accordance with law and the views herein expressed; the cost of the appeal to be paid by the defendant, and all other costs to await the final termination of the case.