State ex rel. Smith v. Board of County Commissioners

The opinion of the court was delivered by

Harvey, J.:

This is an original proceeding in mandamus by the state, on the relation of the attorney-general, to compel the board of county commissioners of Miami county and the state highway commission to proceed with the necessary steps to improve a road petitioned for under the benefit-district 'plan. The state highway commission has filed a motion to quash the alternative writ. The board of county commissioners has filed a return and answer, and on the issues joined thereby evidence was taken by deposition, and this has been abstracted.

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