OPINION OP THE COURT BY

All the matters presented in the assignment of errors ivere uassed upon by this court, ante p. 45, on the question reserved by the circuit judge, whether the defendant’s demurrer should be sustained. The circuit judge having been advised by us that the demurrer ought to "be sustained a decree was made by him accordingly, to which the plaintiffs bring this writ of error in order to obtain the final judgment of this court, which is that the decree is affirmed.