Bobbitt v. State Highway Commission

The opinion of the court was delivered by

Smith, J.:

This is an original action in mandamus. Defendants filed a motion to quash the alternative writ. .A decision on that motion will settle the action.

The relief sought is to compel the state highway commission to construct U. S. highway No. 36 along a designated route in Washington county. Plaintiffs allege that this route is the one designated in 1926 by the county commissioners and the state highway commission as part of the state system of highways. They point out that the state highway commission is about to construct highway 36 along a…