The questions involved in this case are the same as were determined by this court, adversely to appellee, in Hawthorn v. Board of Commissioners of Randolph County, 5 Ind. App. 280, 30 N. E. Rep. 16.

The demurrer to the complaint should have been overruled.

The judgment of the court below is reversed, with costs, for the reasons given in the opinion filed in the case above cited.