
    No. 89.
    State of Ohio ex rel. K. B. Allen v. Joseph A. Lutz, as auditor of Montgomery County, Ohio.
    Error to the Supreme Court of the State of Ohio.
    Submitted January 7, 1927.
    Decided January 10, 1927.
    
      Messrs. Earl H. Turner and Wellmore B. Turner for plaintiff in error.
    
      Messrs A. H. Scharrer and Ralph E. Hoskot for-defendant in error.
   Per Curiam.

Dismissed under § 237 of the Judicial Code, it not appearing in the record of the case that prior to the final judgment to which this writ of error was allowed there was any challenging averment that the act of the Ohio Legislature in question was repugnant to the Constitution or laws of the United States. Shulthis v. McDougal, 225 U. S. 561, 569; Hull v. Burr, 234 U. S. 712, 720; Norton v. Whiteside, 239 U. S. 144, 147.  