State Ex Rel. Dame v. Lefevre

The motion to quash was grounded upon the objection that the petition did not state a cause of action entitling the.plaintiff to a writ of mandamus. It has been the long-established practice to question the sufficiency of the petition by such a motion. It is regarded as a general demurrer when made upon the ground specified. State ex rel. Nelson v. Henry (1934), 216 Wis. 80, 256 N. W. 714; State ex rel. Karnes v. Board of Regents (1936), 222 Wis. 542, 269 N. W. 284. Cf. sec. 293.01, Stats. If the petition shows no ground for the issuance of the writ, the motion lies even though, regarded as a…