Johnston v. Board of Education

GIBSON, V. C. J.

This is an action in mandamus wherein the owner and holder of certain street improvement bonds in the town of Comanche seeks the writ directing the board of education of said town and the county excise board to make and approve, respectively, estimates for the payment of delinquent assessments levied for the retirement of said bonds. On trial of the issues under the alternative writ, peremptory writ was denied, and plaintiff appeals.

Dedendants pleaded the statute of limitations and laches.

The trial court, on a general finding, entered judgment denying the writ.

On appeal,…