T.C.A. sec. 67-1323. Mr. Moore's insistence is contra to the holding of this Court in the case of State ex rel. for Use of City of Chattanooga v. Bayless, 30 Tenn. App. 621, 209 S.W.2d 504, wherein Mr. Moore, as party defendant, made the same argument. In the Bayless case, this Court pointed out: