State ex rel. Hopkins v. Hess

The opinion of the court was delivered by

Marshall, J.:

The state, on the relation of the attorney-general, seeks by an action in mandamus to compel William A. Hess, J. Q. Roberts, and E. L. Barnhart, members of and constituting the board of county commissioners, to build a macadamized road (water-bound) ordered on May 12, 1919, by the board upon a proper petition therefor after a finding that the road would-be of public *597utility. The board expended $3,000 in making a preliminary examination and survey of the road. Bids were advertised for, but all were rejected because they were too high. A…