The opinion
ROGERS, Justice.
I concur in the opinion and in the decree so far as it annuls the judgment of the Court of Appeal which is the judgment we are called upon to review in this proceeding, but not so far as it annuls the judgment of the First City Court, the correctness of which must be determined by the Court of Appeal when the case, as remanded in our decree, is reconsidered by that court.
O’NIELL, C. J., concurs.