State ex rel. Smith v. Board of County Commissioners

The opinion of the court was delivered by

Johnston, C. J.:

This is an original proceeding to compel the board of county commissioners of Johnson county to proceed with *512the construction and improvement of a highway spoken of as the Santa Fe trail from the city of Olathe to a point near the southwest corner of Johnson county. In the verified application for a writ of mandamus, it was alleged that a petition for the building and improvement of the road containing the names of 148 petitioners, which constituted more than 51 per cent of the resident landowners, owning more than 35 per cent of the…