The following opinion was filed October 15, 1910:

This cause is ruled by the decision in the case above referred to. Following that decision the demurrer for insufficiency must be sustained and the action dismissed. The court so orders.

On October 25, 1910, the relator moved for a rehearing, and also-moved that Supreme Court Rules 37-41, relating to motions for a rehearing, be suspended. The latter motion was denied; and the motion for a rehearing was afterwards abandoned.