Browne v. Benson

This was a petition for a mandamus to compel the county commissioners of Muscogee County to work a certain public road, under the provisions of section 5441 of the Code. The petition was amended by inserting a new paragraph with plat attached, showing the condition of the road at the time the petition was filed and a grade at a certain point thereon of *712fifteen degrees. This paragraph, was not denied in the answer. The defendants not only demurred upon the general grounds, but also raised the point that it does not affirmatively appear from the petition that any demand was made upon the…