Phillips v. State Ex Rel. Polk County

Mr, Justice Chambliss

delivered the opinion of tin. Court.

This is a mandamus proceeding to require the Commissioner of Highways and Public Works to reimburse Polk County for funds paid out on account of rights of way, along what is known as the Ducktown-Copper Hill Highway. Petitioner invoked application of Chapter 57, Acts of 1931. . ,

The facts briefly stated are that, in contemplation of the use of the roadway in question in Polk County as a State highway, approved as such by the 'State, the County Court adopted a resolution, in April, 1931, authorizing a committee of its members to…