Mills v. Mathis

This appeal is from a judgment of the circuit court of Johnson county in favor of defendant (defendant in error here) in a mandamus proceeding in which plaintiff in error here, A. O. Mills, was the petitioner. The defendant to the proceeding, Charles Mathis, was commissioner of highways of road district 11, in Johnson county. The petition prayed that the defendant be commanded by writ of mandamus to forthwith cause obstructions to the travel upon and the use of a certain alleged public highway to be removed and the road opened to public travel.

The road in question was never laid out under the…