
    No. 9673.
    Deacon, Mayor, et al. v. The State, ex rel. Winn.
    (Decided December 21, 1906.)
    Error to Circuit Court of Muskingum County.
    
      Mr. Harry C. Pugh, for plaintiffs in error.
    
      Mr. W. J. Massey, for defendant in error.
   Judgment of circuit court reversed and that of common pleas affirmed, upon the ground that, though the relator was entitled to relief, mandamus is not the proper remedy.

Shauck, C. J., Price, Crew, Summers and Spear, JJ., concur.  