
    No. 11632.
    Heidlebaugh, Probate Judge, v. Recker.
    Decided November 9, 1909.
    Error to Circuit Court of Putnam county.
    
      Mr E. R. Eastman; Messrs. Malone & Griffiths; Mr.
    
    
      W. B. Wheeler and Mr. B. A. Unverferth, prosecuting attorney, for plaintiff in error.
    
      Messrs. Straman & Straman; Messrs. Watts & Moore and Messrs. Henry & Robert Newbegin, for defendant in error.
   The circuit court having erred in allowing a peremptory writ of mandamus, its judgment should not be affirmed. The contested election case having been effectively certified to the court of common pleas, a judgment of reversal would now be unavailing. The petition in error is therefore dismissed.

Spear, Davis, Si-iauck and Price, JJ., concur.  