State Ex Rel. Horner v. Atkinson

A petition for mandamus was filed by the relator Horn-er, a workhouse guard in Hickman County, appointed by the County Highway Commission, seeking an order on the sheriff to deliver to him, from day to day, for work on the County roads, such prisoners as were confined in the County jail serving out fines or sentences. The trial Judge overruled a demurrer and granted the writ. The defendant sheriff appeals. ,

The rights of the parties depend primarily on construction of an act passed in 1927, Priv. Acts Chapter 196, providing for a Board of Highway Commissioners of three for Hickman County and…