The application is denied. We find no error of law in the judgment complained of.
SANDERS, J., is of the opinion a writ should be granted as to assignments of error 1 and 2.
SUMMERS, J., is of the opinion the writ should be granted.
BARHAM, J., is of the opinion a writ should be granted as to assignment of errors (1) and (2). There is no basis in the pleadings for relief under assignment of error no. (3).