State ex rel. Smith v. Board of County Commissioners

The opinion of the court was delivered by

Sloan, J.:

This is an original proceeding in mandamus to compel the state highway commission and the board of county commissioners of Miami county to proceed with the necessary, steps to improve a highway petitioned for under the benefit-district plan. The defendants have filed separate answers and the state, has moved for judgment on the pleadings, presenting the issue.

A petition, in due form and signed by the requisite number of petitioners, was presented to the board of county commissioners of Miami county asking for the. permanent improvement, under…