Board of Supervisors v. Commissioners of Highways

Appéllees filed their petition in the circuit court of Lee county for a writ of mandamus to compel appellant to appropriate a sum sufficient to meet one-half the expense of building five bridges across streams, on public highways, in the town of Reynolds, in Lee county. The petition set out the conditions requisite, under the statute, to call for the appropriation asked for. Issues of fact as to the existence of the alleged conditions were made by the pleadings, and, a jury being waived, were submitted to the court for trial. The issues so joined were found for the petitioner and a peremptory…