State Ex Rel. Kelly v. State Road Commission

Lively, Judge:

P. H. Kelly and three other citizens and taxpayers of Pay-ette County pray for mandamus to compel the • State Road Commission to take over, build and maintain sections of two roads, one known as Route 41, the portion thereof to be built lying between Payette Station and Winona; the other being that section of County Road No. 1 lying between Deepwater and the end of the paved road east of Montgomery, all in Payette County.

The relief sought is based on alleged agreements entered into between the county court and citizens and taxpayers of the two magisterial districts in which the…