This is a petition to rehear the judgment rendered in this case at the last term of the court. It is a submission of a controversy without action to determine the title to the office of the clerk of the inferior court of Wilson county. For the reasons assigned in the case of Saunders v. Gatling, decided at this term ante 298, the proceeding cannot be sustained. The attention of the court was not called at the last term in the argument of this case to the provisions *304 of section 366 of the code, or the action would have been dismissed.

The judgment, therefore, rendered at the last term is reversed and the proceeding is dismissed. Let this be certified to the superior court of Wilson county.

Error. Reversed.