The questions presented for decision by the record of this-cause and appellants’ assignment of error thereon are substantially the same as those which were considered and decided by this'court in Trimble v. McGee, ante, p. 307. This cause is decided, therefore, in the same-way and for the same reasons as the case cited was decided.

The demurrer to the complaint herein was correctly sustained.

The judgment is affirmed, with costs.