State ex rel. Day v. State Highway Commission

The-opinion of the court was delivered by

Johnston, C. J.:

This is a mandamus proceeding, and involves the reimbursement provisions of the statute, in which the state highway commission is required to make reimbursement where highways have been built under the benefit-district plan. There is no dispute that reimbursement is to be made to taxpayers of the principal of the assessments, but the contention between the parties is-as to the payment of interest under the provisions of sections 17 and 18 of chapter 225 of the Laws of 1929. The pertinent- provision of section 17, being the…