Marshall Drainage District v. Festge

Respondent petitioned for an alternative writ of mandamus, alleging that pursuant to an order of the circuit court for Dane county dated July 9, 1953, respondent levied upon Dane county an assessment for benefits to highways, and that the county refused to pay the same. The alternative writ issued on June 17, 1955. Appellant answered, alleging that Dane county is neither owner nor mortgagee of the lands upon which the highways are located and therefore does not owe the assessment. A counterclaim was interposed for appellant’s time and expense involved in the litigation, to which counterclaim…