The opinion
On Rehearing.
■ [10] The record in this case was originally filed in the office of the clerk of this court on May 15, 1919. On May 22, 1919, the case was passed to the call of the Seventh division, June 3, 1919. On June 3, 1919, certiorari was granted and case passed to call of Second division, or to June 19, 1919, on which date the cause was submitted on briefs. The opinion in this case was handed down on December 16, 1919, in which the judgment of the lower court was reversed and the cause remanded. No brief by appellee has ever been filed in this cause, as required by the rules of the Supreme Court, which rules govern the procedure in this court (Sup. Court rule 13 [Code 1907, p. 1509, 61 South, vii 2 ]; Sup. Ct. rule 38 [ 77 South, vii ]), and because of the failure of appellee to file brief within ten days after submission and to otherwise comply with said rules, the application for rehearing filed on December 31; 1919, by appellee is stricken and cannot be considered (Louisville & Nashville R. R. Co. v. Maggie J. Naugher, 203 Ala. 557 , 84 South. 262 ).
Application for rehearing stricken.
175 Ala. xviii .