State Ex Rel. Freeland v. Evans

Appellant’s relators brought this action against the treasurer, auditor and board of commissioners of Decatur county, Indiana, asking a writ of mandamus to compel the issuance and sale of bonds of the county to pay for the construction Of a certain highway improvement. A demurrer to the complaint for alleged want of facts sufficient to constitute a cause of action was sustained, and relators excepted. Sustaining this demurrer is the only error assigned.

The complaint, after alleging the official position held by the different defendants and facts showing the relators’ right to sue, alleged…