Harrison v. State Highway Department

Busseli, Chief Justice.

The record in this case presents the question whether the State Highway Board and its members can be compelled by writ of mandamus to pay the sum of money found by a jury in favor of the eondemnee in condemnation proceedings which the board had begun and prosecuted to final judgment, no writ of error having been sued out from the final judgment. The petition for mandamus was filed by T. H. Harrison, who was the defendant in the condemnation proceedings. Buie nisi was issued; and when the case came on to be heard on its merits, all questions of law and fact and certain…