State ex rel. Boynton v. Ellis

The opinion of the court was delivered by

Sloan, J.:

This is an original proceeding in mandamus to compel a joint board, composed of the board of county commissioners of Douglas county and the board of city commissioners of Lawrence, to improve a certain street and highway under R. S. 1931 Supp. 12-647 et seq. An alternative writ was issued and an answer has been filed by the defendants. The plaintiff moves for a peremptory writ on the pleadings.

We glean the following facts from the pleadings: Fifteenth street, and the highway extending east therefrom, was a part of the state highway system,…