delivered the opinion of the court.

This case was submitted at the same time with the case of Garrison v. Malheur County Court (heretofore decided by this court), supra; the pleadings and facts being the same in both cases. Folio wing „ that case and the case of Raper v. Dunn, 53 Or. 203 (99 Pac. 889), the judgment of the court below will be affirmed.

Affirmed: Rehearing Denied.