Snyder v. State ex rel. Fleming

William S. Fleming, as relator, instituted a proceeding in the Jay Circuit Court against the mayor and common council of the city of Portland, to compel that body by mandate to accept the proposal of,, and award the contract for, a certain street improvement to Judson A. Jaqua, who, it is alleged, submitted the lowest and best bid for the work in pursuance of notice duly given. The court overruled a demurrer to the complaint, and the defendants refusing to plead, judgment was given accordingly. From' this judgment an appeal was taken, which appellee moves to dismiss.

The sixth rule of this…