Nugent v. Erb

Eelator asks for a mandamus to compel the respondent, who is supervisor of his township, to assess a drain tax.. The relator is county drain commissioner. The supervisor refuses to assess the tax on account of certain defects in the proceedings to lay out the drain. Among other defects claimed are the following:

1. That the order of the commissioner determining the practicability of the drain does not establish the commencement, route, width, length, or depth of the proposed drain.

2. That the papers were not filed with the county clerk until January, 1891, while the order required the.…