This action was submitted upon the pleadings and an agreed statement of facts, and argued in connection with the case of Van Dusen v. State (decided at this term) 11 *323S. D. 318, 77 N.W. 201. The questions oí law involved are the same. Plaintiff is entitled to judgment for $340.75, with interest thereon at the rate oí 7 per cent, per annum from August 15, 1893, together with the usual costs and disbursements.