Forsyth v. Heege

—This is a proceeding by mandamus to compel the defendants, as justices of the county court of St. Louis county, to draw a warrant on the treasurer of the county for the amount of damages assessed to plaintiff for opening a public road through his land. The court sustained a demurrer to the return, and, the defendants refusing to plead further, a peremptory writ of mandamus was ordered to be issued. The defendants have appealed, and claim that the demurrer was improperly sustained for the reason, among others, that the return put in issue material allegations of fact.

The averments in the…