
    William B. Smith et al. v. Clay County.
    Filed April 21, 1904.
    No. 12,569.
    Affirmed. On rehearing, the former judgment entered i'n this court is vacated, and the judgment rendered by the district court for Clay county is affirmed. Mitchell v. Olay Oounty, 69 Neb. 779, followed.
   Per Curiam.

This case is submitted on rehearing. It is a companion case to Mitchell v. Clay County. 69 Neb. 779. In all essential features the two cases are similar. The questions herein presented for consideration and determination are decided in the case cited. On the authority of that case, the former judgment entered in this court in this cause, 4 Neb. (Unof. ) 872, is vacated, and the judgment rendered by the district court is

Affirmed.  