
    ROSE v. COMMON COUNCIL OF ANN ARBOR.
    Intoxicating Liquors — Approval of Bond — Mandamus.
    Where the legislature prohibited the sale of intoxicating liquors within a certain portion of a city after relator’s application to the common council for the approval of a bond for the sale of liquors within such district, mandamus to compel the council to approve such bond was denied.
    
      Certiorari to Washtenaw; Kinne, J.
    Submitted July 8, 1903.
    (Calendar No. 19,988.)
    Decided July 8, 1903.
    
      Mandamus by Joseph L. Rose to compel the common council of the city of Ann Arbor to approve a liquor bond. From an order granting the writ, respondent brings certiorari.
    
    Reversed.
    
      John W. Bennett, for relator.
    
      Thomas D. Kearney, for respondent.
   Per Curiam.

The question involved in this suit is respondent’s authority to pass an ordinance forbidding the sale of intoxicating liquors in a certain section of the city of Ann Arbor. Since this suit was brought to this court, the legislature, by Act No. 543, Local Acts 1903, has prohibited such sales in that section. There is, therefore, no occasion to determine what relator’s rights were under the former law. Preferred Tontine Mercantile Co. v. Secretary of State, 133 Mich. 395 (95 N. W. 417).

The case will be remanded, to enable respondent to procure in the lower court a vacation of the order complained of. No costs will be allowed.  