Gibbs v. Ashford

PLEASANTS, Associate Justice.

Plaintiffs in error brought suit in the District Court of Walker County for themselves and for the benefit of the public for mandamus to compel the defendants in error, the mayor and board of aldermen of the city of Huntsville, in said county, to open an alleged street in said city known as Tyler street, and to remove the obstruction from a portion of said street described in the petition. The allegations of the petition, except in the matters hereinafter discussed, are sufficient to entitle plaintiffs to the relief prayer for, and it is unnecessary to set them…