Campbell v. Cresap

Mb. Chide Justice- Green

delivered the opinion of the Court.

This is an appeal from a decree of the chancellor dismissing a petition for mandamus directed against the Highway Commissioner.

The petitioners were subcontractors on a highway project and claimed a balance of $9300 due them from the general contractors for materials furnished. They filed due notice of their claim with the Highway Commissioner and brought suit thereupon within sixty days under Code, section 3222. Their bill was subsequently amended, answers were filed by the Commissioner, the general contractors, and the surety on the…