Summit Circuit Court October 8, 1908 (State ex rel. Irish v. Oviatt)

MARVIN, J.

We have before us the question of whether the petition on its face states facts authorizing the issuance of an alternative writ of mandamus.

The petition alleges that in 1890 the board of commissioners of the county, by proper proceedings, established and constructed a ditch about eleven miles long at an expense set at $30,000, paid by assessment on the lands benefited by such ditch;