This case is submitted on rehearing. It is a companion case to Mitchell v. Clay County. 69 Neb. 779. In all essential features the two cases are similar. The questions herein presented for consideration and determination are *615decided in the case cited. On the authority of that case, the former judgment entered in this court in this cause, 4 Neb. (Unof. ) 872, is vacated, and the judgment rendered by the district court is

Affirmed.