This cause came on to be heard by the court upon the petition, answer and demurrer to the answer, and was argued by counsel and submitted to the court; upon consideration whereof it is ordered and adjudged by the court that said demurrer be and the same hereby is overruled; and plaintiff not desiring to plead further it is hereby ordered and adjudged that the petition be dismissed at the costs of relator.

Demurrer overruled and petition dismissed.