Jasper County Democrat, Volume 17, Number 56, Rensselaer, Jasper County, 21 October 1914 — COURT NESWS [ARTICLE]

COURT NESWS

Appellate court decision on Jackson tp., Newton county, road case:

No. 22461.' Lawson H. Recker et al. etc., vs. State ex rel. Luther A. Brunton et al. Newton C. C. Affirmed. Spencer, J. (1) A petition was filed for the improvement of a road in Jackson township by Baker and others, and within a month appellees filed their petition for another road in same township, and the board of commissioners considered the cases at November term, 1912, approved the viewers' report on appellees’ road and ordered its construction, but the estimates of the viewers being too low the matter was again submitted, but in the meantime, at the December term, 1912, the board had ordered the construction of the Baker road and advertised, etc,, and the auditor reported and assessed valuation of the township would not warrant the construction of the Brunton road in addition to the Baker road, and the board, at its 1913 June term, made an order that the construction of the Brunton road be postponed until the indebtedness caused by the Baker road be sufficiently reduced to allow its construction. Appellees then brought this action for mandate to compel the immediate construction,

of the Brunton road. Defense that cause was still pending without appeal and board had exercised its best judicial judgement in the matter, and that it was not a case for mandate. Judgment against the commissioners, which is affirmed, as the roads are to be constructed in order in which they are ordered, and not in order in which petitions are filed, and after the ordering of the road the other duties are ministerial, which may be mandated.