Commissioners of Highways v. Jackson

Mr. Presiding Justice Cartwright

delivered the opinion of the Court.

The relator, William A. Jackson, filed his petition for a writ of mandamus directed to appellants, requiring them to levy the necessary taxes for the payment of damages assessed in laying out a public highway, and to open and work said highway for public travel. Appellants demurred to the petition, and upon their demurrer being overruled, filed their answer admitting all the facts averred in the petition and denying nothing but conclusions of law. They further set up in their answer -that the indebtedness of the town of Goshen…