State ex rel. Griffith v. Board of County Commissioners

The opinion of the court was delivered by

Burch, J.:

The action is one of mandamus to compel officers of Linn county, having authority to do so, to proceed with the construction of a federal aid benefit district highway.

On October 22, 1925, defendants were served with an alternative writ of mandamus commanding them to surface the highway, build seven designated bridges and otherwise complete the highway, or show cause why they should not do so. Defendants filed a motion to quash the writ. The state moved to advance the cause for hearing. Defendants filed a protest against advancement, stating…