— It is conceded that all the material facts and circumstances presented by the record in this case are precisely like those involved in State v. Mayhew (decided by this court April 18th last), 21 Mont. 93, 52 Pac. 981. Upon the authority of that case, the judgment appealed from in this case is reversed, and the cause remanded, with direction to the district court to render judgment in favor of appellants.

Reversed and remanded.