This case is ruled by Crater v. County of Somerset, decided at the current term of this court on an opin ion filed herewith, and whose opinion is reported in 123 N. J. L. 407.

*416 Since the conclusions therein stated are dispositive of the merits of the cause of action pleaded herein, the judgment is reversed, and the record is remanded to the end that the complaint he struck out and judgment final entered for defendant.

For affirmance — Donges, Perskie, JJ. 2.

For reversal — The Chancellor, Chief Justice, Parker, Bodine, Heher, Porter, Hetfield, Dear, Wells, WolfsKeil, Rafferty, Hague, JJ. 12.