The situation presented and the questions raised in this case are the same in substance as those in the case of State v. Lewis, ante, p. 363, 159 N. W. 746. What is said in that case applies here and the same judgment should follow.

By the Court. — The appeal from the order striking out part of the answer is dismissed and the order sustaining the demurrer to a part of the answer affirmed, and the cause remanded for further proceedings.