The question involved in this case is in all respects similar to that in Hurley v. Sykes et al., ante, p. 310 [231 P. 748].[1] Upon the authority of that case it is ordered that the judgment be reversed and that a *Page 795 decree be entered in favor of appellant, with the direction that the writ issue.

Tyler, P. J., and St. Sure, J., concurred.