This cause came on to be heard upon the motion by respondent for judgment on the pleadings. On consideration whereof it is hereby ordered and adjudged that said motion be, and the same hereby is, sustained for the reasons set forth by the court in overruling the demurrer to the second defense of the answer. (State, ex rel. Lanker, v. Kelsey, ante, 332.)
Judgment for respondent.
WEYGANDT, C.J., ALLEN, STEPHENSON, JONES, MATTHIAS, BEVIS and ZIMMERMAN, JJ., concur. *Page 589