
    19593.
    Pate v. Mitchell et al.
    
    Argued January 15, 1957-
    Decided January 15, 1957.
    
      A. Walton Nall, Henry A. Stewart, Sr., for plaintiff in error.
    
      D. B. Howe, A. Walton Nall, contra.
   Almand, Justice.

This case is the companion case of Pate v. Brock, ante, and the ruling contained therein is controlling here. The case not being one which otherwise comes within the jurisdiction of this court, it must be

Returned to the Court oj Appeals.

All the Justices concur.  