State v. Lake Koen Navigation, Reservoir & Irrigation Co.

The opinion of the court was delivered by

Smith, J. :

This is a proceeding in error brought to review the action of the district court in refusing an application for a peremptory writ of mandamus. The application was made by the state, on the relation of the county attorney of Barton county, and against the Lake Koen Navigation, Reservoir and Irrigation Company, a corporation. The allegations in the application for the writ were, in substance, as follows:

The defendant is a corporation organized under the laws of this state for the purpose of constructing a canal or ditch from the Arkansas river…