State, Ex Rel. v. Ind. Comm.

The demurrer raises two questions:(1) Is mandamus a proper remedy to obtain the relief sought?(2) Are relators entitled to such relief?

If the answer to the first question is in the negative then it is unnecessary to proceed with a discussion of the merits of this action.

Although the demurrer is based on the ground that no cause of action is stated in the petition, it reaches the question of the propriety of the action for the reason that if mandamus is not an appropriate remedy, a petition in mandamus does not state a cause of action. Mandamus is a remedy recognized not only in the common law…