Lake Arthur Drainage Dist. v. Board of Com'rs

OPINION OF THE COURT

BOTTS, J.

Mandamus at the instance of Lake Arthur drainage district, appellee, 'against the board of county commissioners of Chaves County, appellant, to enforce payment of two annual installments of interest on a special assessment levied against said county under the Drainage Act for benefits to public highways. By its return to the alternative writ, the board attacked the legality of said assessment. The drainage district pleaded res judicata to the subject-matter of the return, setting up the final judgment in a previous similar suit between the same parties to collect…