State ex rel. Ohio & Mississippi Railroad v. Board of Commissioners

Stuart J.

Petition for a mandate against the commissioners of Ripley county, to compel them to issue certain county bonds, &c. An alternative writ was awarded, commanding the commissioners to issue the bonds or show cause, &c. Demurrer to the petition and writ sustained, and judgment for costs against the relator. The railroad company appeals.

The petition sets forth that by an act of the general assembly, approved February 14, 1848, incorporating the railroad company, it was provided, inter alia, that the county commissioners of the several counties through which the railroad passed, were…