Magee v. Simpson

Smith, C. J.,

delivered opinion of the court.

This is an appeal from a judgment dismissing a petition for a writ of mandamus. The board of supervisors of Madison county made an order allowing the appellant damages sustained by her because of the laying out of a public road through her land. She failed to obtain the payment of the damages awarded her and filed this petition against the members, of the board of supervisors, alleging, among other things, the county was without funds with which to pay, and prayed for a writ of mandamus directing the board of supervisors to levy a special tax for…