
    (First Circuit — Hamilton Co., O., Circuit Court
    Jan. Term, 1899.)
    Before King, Haynes and Parker, JJ. [Of the Sixth Circuit, sitting in the First Circuit.]
    CAROLINA H. BUSH et al. v. THE CITY OF CINCINNATI et al.
    
      Petition for Street Improvement — When binding—
    Petition for street improvement remaining in hands of board of administration at the time the ordinance to improve is passed, binds the signers thereof, although it was indorsed ‘‘Filed until signers agree to paying deficiency.”
    Appeal from a judgment confirming the assessment for the improvement of Car 11 street.
    Haynes, J.; King, P. J., and Parker, J,. concur.
   In this case we are of the opinion that the petition on file signed by certain property owners, filed in Board of Administration, March 29, 1895, and remaining there at the time the ordinance for the improvement was passed (the ■signers not attempting to withdraw the same), is binding ■upon the signers thereof, notwithstanding the endorsement thereon made April 5, 1895, in Board of Administration: “Filed until such time as petitioners agree to pay any deficiency that may arise by reason of non-collectibility of assessment should improvement be made.”

Fred. Hertenstein, for Plaintiffs.

Corporation Counsel, contra.

That being the only question submitted to us for decision^ decree may be taken in accordance with section 2272, Revised Statutes.  