
    PETITIONS — MANDAMUS—LIMITATIONS.
    [Hamilton Circuit Court,
    1899.]
    Hale, Marvin, and Caldwell, JJ.
    (Of the Eighth Circuit, sitting in First Circuit.)
    Boston Rubber Hose Co. v. Hagerty, Audr.
    1. Mandamus a Cira Action.
    A mandamus proceeding is a civil action against which the bar of the statute of limitations may he interposed.
    2. Plea of “Mistake” Barred by Statute.
    The plea of “mistake” cannot he entertained where a suit for recovery under the alleged mistake is delayed for eight years.
    Appear from the Court of Common Pleas of Hamilton county.
   Caldwell, J.

A mandamus proceeding is a civil action, against which the bar of the statute of limitations may be interposed. The plea of “mistake” can not be entertained where a suit for recovery under the alleged mistake is delayed for eight years.  