
    GRIMES v. COMMISSIONERS OF HARRISON COUNTY.
    Mandamus, not granted, without a rule to show cause — but on an application for a writ of mandamus, a rule may issue.
    Application for a mandamus. The applicant, Grimes,is the owner of a tract of land over which a road has been laid out. He applied for damages, which were duly assessed, but the county commissioners determined that the assessment of the viewers was excessive, and refused to give an order on the treasurer for the money.
    
      Scott,
    
    moved for a mandamus.
   Br the Court.

It is not our practice to issue a mandamus ifi the' first instance. Upon the case made on the papers, you may take a-rule upon the commissioners to show cause why a mandamus should not issue. Rule taken to show cause next term.  