State, Ex Rel. v. Commrs.

The demurrer raises the question whether the facts disclosed in the amended petition entitle the plaintiff in error to the relief sought, to wit, a writ of mandamus to compel the commissioners "to issue a voucher to the relator for this said sum of money," and "that they order the correction of the said assessment list" and issue an order "commanding the said Henry H. Forsthoefel, auditor aforesaid, to deliver his warrant to the treasurer of Mercer county, Ohio, in favor of the relator for said amount."

Plaintiff in error claims to have paid his assessment for the improvement in question under…