The facts in this case are practically the same as in Ex parte Robert J. Lancaster, 89 So. 721.¹ The questions of law in each are identical. Under the law and rulings of this court in that case, the writ of prohibition prayed for in this should issue. The petition for writ of prohibition is granted.

ANDERSON, C. J., and SAYRE and GARDNER, JJ., concur.

¹ Ante, p. 60.