On Rehearing

A rehearing was granted in this case and the canse was argued orally, and all the questions presented by the appeal have been fully considered by the court. Coun*66sel contend that the original opinion fails to pass upon a number of questions presented by the record, and that on other questions considered by the court a correct conclusion was not reached. We have, therefore, deemed it advisable to take up all the assignments of error and decide them. The facts are-stated in the opinion delivered by Justice Sullivan.

When the cause reached the district court on appeal upon-questions of both law…