Ex Parte McDanal

On Rehearing.

HARWOOD, Judge.

In his brief on application for rehearing in this case, counsel for petitioner strenuously argues for error in our original decision denying the rule nisi and peremptory writ. It is urged that certiorari may not be made to take the place of an appeal, and that the application made to the circuit court for a writ of certiorari to the intermediate civil court contained no proper ground for the issuance of the writ. Upon this premise counsel for petitioner reaches the conclusion that the order of the circuit judge granting'the petition for certiorari to the…