Chicago, Rock Island & Pacific Railway Co. v. Board of County Commissioners

*517The opinion of the court was delivered by

Johnston, C. J.:

This is an original proceeding in mandamus brought by the Chicago, Rock Island & Pacific Railway Company against the board of county commissioners of Ford county, also the county clerk and county treasurer, to compel compliance with an order of the state tax commission to issue to the plaintiff a refunding warrant in the sum of $476.95 to meet taxes illegally levied upon plaintiff’s property.

Upon pleadings, admissions and stipulations of the parties the case is submitted for decision. There is no controversy as to the material facts, a…