
    No. 12733.
    The State, ex rel. Toothaker, v. Gibson et al., Commissioners of Fraklin County, et al.
    Decided January 24, 1911.
    In Mandamus.
    
      Mr. Smith W. Bennett, for relator.
    
      Messrs. Webber, McCoy, King & Game, for respondent.
   Demurrer to petition sustained and petition dismissed without prejudice to the right of the relator to present to this court a motion in the matter of exceptions, in the case of The State v. Rhoads, being No. 12113 of the January term, A. D. 1910, of this court, for allowance of relator’s bill as costs in said proceeding.

Spear, C. J., Davis, Shauck, Price, Johnson and Donahue, JJ., concur.  