County Court v. People ex rel. Toledo, Wabash & Western Railway Co.

This is a proceeding to compel, by mandamus, the performance of certain duties by the county court.

By agreement, the alternative writ was waived; and upon petition and demurrer, a judgment pro forma was rendered by the circuit court, awarding the peremptory writ.

The error assigned is, that the court improperly overruled the demurrer.

To a correct comprehension of the case, it is necessary to recite certain averments in the petition, which by agreement, stand in place of the alternative writ.

The county court, at its March term, 1869, by authority of certain acts of the Legislature, empowered…