This cause was tried with, and upon the saíne evidence as, Hurn v. Alter, ante, p. 183. The statement of facts and *187opinion therein being applicable to this case, we recommend that the judgment of the district court herein be affirmed.
Fawcett and Ames, CO., concur.By the Court: For the reasons stated in the foregoing opinion, the judgment of the district court is
Affirmed..