State ex Koger v. Industrial Commission

OPINION

BY THE COURT:

The above-entitled cause is now being determined on respondent’s demurrer to plaintiff’s petition.

Plaintiff’s action is one in mandamus, originating in our court, wherein relator seeks a writ requiring respondent to rehear upon the merits of his claim.

Respondent filed an answer setting out two defenses, the first of which made certain admissions of the allegations of relator’s petition, but concluded with a general denial; and the second of which was a demurrer on the ground that relator’s petition did not state facts sufficient to constitute a cause of action.

At the…