Interlocutory judgment affirmed and demurrer sustained, with costs, with leave to plaintiff to- serve amended complaint within twenty days tin payment of costs in this.court and in the court below. All concurred, except-Smith, P. J. and Houghton, J., dissenting on the ground that the statute* does not apply to the situation pleaded in the complaint.
See Laws of 1906, chap. 473, §.324.—[Rep.