Throckmorton v. State ex rel. Heilman

Cobb, J.. This case arises upon a petition to the district court of Madison. county for a peremptory writ of mandamus against the defendants, who then constituted the board of county commissioners oí said county, commanding, them to cause a certain section line road in said county to be opened and worked in the same manner as other public roads.

As the case was decided on demurrer to the petition, •I here copy it at length:

“ Your petitioner complains of the defendants for that the county of Madison now is, and for more than ten years last past has been, a political subdivision of the state of…