State ex rel. McCarty v. Board of Commissioners

This was an application made on behalf •of the State for a writ of mandate against the appellees to compel-the levy of a tax within the county of Montgomery, sufficient to pay an alleged loss of State revenue which had resulted from the default of one Schooler, a former treasurer of that county, in failing to pay into the State treasury. The affidavit on which the motion was founded did not disclose that any suit had been prosecuted against the sureties of the defaulting treasurer, nor that such suit would have been unavailing. By agreement the issue of *211the alternative writ was waived, and…