OPINION
THE COURT [13 P. 222] The complaint is sufficient. The case was litigated on demurrer, and the sixth section of the statute of February 9, 1866 (Stats. 1865-66, p. 68), applies to it. We think it proper to say that it was conceded on the argument by both parties that the statute above referred to is still in force. We decide the case on this concession, and hold nothing as to whether the statute is in force or not.
Judgment and order affirmed.