DUCKWORTH, Chief Justice.
This opinion is a redraft of the original in order to answer questions raised in the motion for a rehearing. It is vitally important at the outset that recognition be given to the material fact that, in each of the following cases upon which the petitioners here strongly rely (Montgomery v. Suttles, 191 Ga. 781, 13 S.E.2d 781; Green v. Calhoun, 204 Ga. 550, 50 S.E.2d 209; Hutchins v. Howard,
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