The judgment in this case is directly in conflict with the decision of this court in State, ex rel. Barton v. Hopkins, 14 Wash, 59 (44 Pac. 134), and Mullen v. Sackett, 14 Wash. 100 (44 Pac. 136). The judgment will therefore be reversed and the cause remanded to the lower court with instructions to sustain defendants’ demurrer to the complaint.