Com. Ex Rel. v. Walker

Opinion bx

Mr. Justice Kephart,

The Commonwealth, through the attorney general, instituted mandamus proceedings against the commissioners of Washington County to command them to remove all structures from the right-of-way of a part of the Cumberland or National Road. Demurrer was filed to the return and the case was heard on petition, return and demurrer, and the court directed' a mandamus to issue against defendants.

It is needless to follow the various steps by which the Cumberland Road was laid out by the féderal government, and by which it came back into the hands of the State. It is…