State ex rel. McMullen v. State Highway Commission

The opinion of the court was delivered by

Smith, J.:

This is an original proceeding in mandamus. Defendant filed a motion to quash the alternative writ.

The alternative writ sets out certain transactions of the board of county commissioners of Barton county and the state highway commission. These transactions arose out of the operations of the county and the commission in building roads in Barton county during the operative period of chapter 214 of the Laws of 1925, and chapter 255 of the Laws of 1927.

These two chapters provided that the state highway system should be constructed, reconstructed,…