
    (First Circuit—Hamilton Co., O., Circ’t Court
    Jan. Term, 1899.)
    Before Hale, Marvin and Caldwell, JJ.
    [of the Eighth Circuit, sitting in the First Circuit.]
    THE BOSTON RUBBER HOSE COMPANY v. HAGERTY, Auditor.
    
      Mandamus — Subject to statute of limitations — Plea of mistake not available where eight years delay in bringing suit—
    
    See s. e., 41 W. L. B., 41.
    Appeal 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.  