
    Ulrich, Clerk, et al. v. O’Brien.
    [No. 20,309.
    Filed June 1, 1904.]
    From Dearborn Circuit Court; G. E. Downey, Judge.
    Action by Wm. H. O’Brien against John Ulrich and others. From a judgment for plaintiff, defendants appeal.
    
      Affirmed.
    
    
      C. W. Miller, Attorney-General, A. C. Harris, F. L. Littleton, 1. J. Terhune, B. F. Ratcliff, R. H. Cobb and F. C. Cutter, for appellant.
    
      A. G. Smith, J. W. Kern, G. Y. Menzies, T. P. Davis, S. M Ralston, M. A. Ryan, Bernard Korbly and Lincoln Dixon, for appellee.
   Dowling, J.

The errors assigned and discussed in the brief of counsel for appellants in this case are identical with those in Brooks v. State, ex rel., ante, 568. The only matter in controversy is the validity of the apportionment act of March 9, 1903.

On the authority of Brooks v. State, ex. rel., supra, and without any intimation concerning the form of the action, the party plaintiff, or the relief sought, we hold that the said act is unconstitutional, and the judgment is affirmed.  