The judgment of the court below will be reversed, and cause remanded with the order that the peremptory writ of mandamus asked for by the plaintiff below | be refused.

This decision is made upon the authority of the following among other cases, to wit: McConnell v. Hamm, 16 Kas. 228; Spencer v. School District, 15 Kas. 259, 262; State v. Osawkee Township, 14 Kas. 418, 420; Loan Association v. Topeka, 20 Wall. 655.