
    The State ex rel. Zook, Executor, Appellant, v. Holt County Court.
    Division One,
    December 15, 1896.
    Swamp Lands: drainage: county court: additional tax: mandamus: warrant: limitation. The ease of State ex rel. Frazer v. Molt County Count, 135 Mo. 533, involving the question of the drainage of swamp lands, the levying of an additional tax for the construction of ditches and other matters incident thereto, followed and affirmed.
    
      Appeal from Holt Circuit Court. — Hon. C. A. Anthony, Judge.
    Reversed and remanded.
    
      T. W. Collins and T. C. Dimgan for appellant.
    
      Geo. W. Murphy, prosecuting attorney, and L. B. Knowles for respondent.
   Robinson, J.

This proceeding by mandamus was instituted in the same court, at the same time, and against the same defendants, as the case of State ex rel. Frazer v. Holt County Court, 135 Mo. 533, decided at the present term of this court. The facts in that and in this case, in all their substantial bearings are the same, as are the reasons assigned by the county court for its refusal to pay, orto cause to be levied, a tax to pay, as asked by relators in each case, the warrants held by them. On the authority of and for the reasons given in that case, the judgment of the circuit court rendered herein is reversed and the cause remanded with directions that it issue its writ of mandamus. to the county court of Holt county, commanding the levy of the tax as prayed for by relators herein.

All concur.  