To compel respondent to repave that portion of a street lying between its tracks, and on each side of its track to the end of its ties, under the provisions of the ordinance which granted respondent's assignor the right to operate its lines.

The circuit judge granted the writ.

Affirmed April 21, 1896, with cost's.

Eespondent contended that the ordinance did not require it to repave, and insisted that mandamus is not the proper remedy.