Davis v. Holt

Frankum, Justice.

The appeal in this case is from the denial of a motion by the plaintiff for a summary judgment in his favor in his action in the nature of mandamus against the appellees. The court did not grant or deny the writ of mandamus sought by the plaintiff and upon denial of the motion for a summary judgment the action was left pending in the trial court. (No question was raised in the trial court as to whether a motion for a summary judgment is an available remedy in an action of mandamus.) The appeal must be dismissed because: first, “. . . no appeal shall be taken from a decision…