Gerweck v. Monroe County Treasurer

Plaintiff brought suit in the circuit court, seeking a writ of mandamus to compel the payment of 123 drain orders and due bills issued by a former drain commissioner of Monroe county. The petition for the writ alleged that all of the choses in action involved were past due and unpaid, that payment thereof had been refused, and that the owners had executed an assignment to plaintiff, a copy of which was attached to the petition. Plaintiff further claimed that payment should be required out of the funds of the particular drains against which orders or due bills were issued, or, if such funds…