
    No. 10896.
    Downs v. Miller et al., Commissioners, et al.
    Decided February 2, 1909.
    Error to Circuit Court of Ross county.
    
      Mr. John P. Phillips and Mr. James I. Boulger, for plaintiff in error.
    
      Mr. Elijah Cutright; Mr. Silas F. Garrett and Mr. Peter J. Blosser, for defendants in error.
   Judgment of the circuit court vacated and cause remanded to that court with instructions to pass upon the assignments of error.

Summers, Davis, Si-iaucic and Price, JJ., concur.  