The opinion
On Rehearing.
[ 53 Pac. 1071 .]
Per Guriam.
The petition for rehearing in this case is overruled on motion of defendant’s counsel; and on the authority of Powell v. Dayton Railroad Company, 14 Or. 22 ( 12 Pac. 83 ), and Fowle v. House, 30 Or. 305 ( 47 Pac. 787 ), and in accordance with,the rule of practice therein announced, his motion for an order remanding the cause to the court below, with permission to apply to such court for leave to answer, is allowed.
Rehearing Denied.