
    RATTIGAN v. O’NEILL et al.
    (Supreme Court, Appellate Division, Fourth Department.
    November 15, 1911.)
    Action by Charles F. Rattigan against Thomas H. O’Neill, individually and as mayor of Auburn, N. Y., and another.
   PER CURIAM.

Order affirmed, with $10 costs and disbursements, without passing upon the merits, on the ground that apparently there is no necessity for passing upon the merits at this time.

McLENNAN, P. j., concurs, upon the further ground that it having been stated in open court, and not controverted, that the bonds have been issued and disposed of, and are now valid obligations against the city, there is no necessity for passing upon the merits at this time.  