Dist. Twp. of Eden v. Ind. Dist. of Templeton
Supreme Court of Iowa
Appeal from Oarroll District Court. This is an action of mandamus to compel tbe directors of the independent district of Templeton to take action upon a proposed change of the boundaries of said district. There was a demurrer to the petition, which was sustained. Plaintiff appeals.
1Opinion of the Court
RothrocK, J.—
*688i mandamus-specific. *687I. The demurrer to the petition was in *688these words: “The defendants demur to the petition herein uPon ^Ie following ground: The facts stated therein do not entitle the plaintiff to the relief demanded.” The action of mandamus is an action at law, and is prosecuted in all respects as an ordinary action. (Code, § 3379.) A demurrer in an action at law must specify the grounds of objection to the pleading attacked by the demurrer. It is not sufficient to' state the objection in the terms of the statute, as is done in this case. (The demurrer not being…
2Cases cited1 opinion
- Hightower v. OverhaulserSupreme Court of Iowa · 1884
3Cited by8 opinions
- Comstock v. City of Eagle GroveSupreme Court of Iowa · 1907
- Stokes v. SpragueSupreme Court of Iowa · 1899
- Davis v. LaughlinSupreme Court of Iowa · 1910
- Farley v. GeishekerSupreme Court of Iowa · 1889
- District Township of Franklin v. WigginsSupreme Court of Iowa · 1899
3 more not listed; retrieve them via the Exa API.