Opinion of tlie court by

The facts in this case are identical with those in the case of Territory, ex rel. Thacker, County Attorney v. Allen, et al., cause No. 1596, decided in this term of the court, and upon the authority of that case the judgment of the court below is reversed and remanded, with directions to overrule the demurrer to the petition. Eeversed and remanded at the costs of the defendants in error.