This case is before us on motion to vacate and set aside writ of error issued from this court. The case is substantially the same as the case of City of Madison v. Horner, 13 S. D. 359, 89 N. W. 474. For the reasons stated in the opinion in that case, the motion is granted and the writ of error is vacated, and set’ aside and the clerk of. this court is directed -to return the record herein, to the clerk of the court of the proper county.