State Ex Rel. Missouri Portland Cement Co. v. Smith

Original proceeding in mandamus to compel respondent, the State Auditor, to audit an invoice or bill for forty tons of road sand purchased by Missouri Highway Commission from relator. Upon the filing of relator’s petition, respondent waived the issuance and service of our alternative writ, accepted said petition as and’ for such writ, and made return thereto. Whereupon relator filed what is denominated a “motion for judgment notwithstanding respondent’s return.” The facts are not in dispute, and the issues made by the pleadings are issues of law. The road sand mentioned was purchased at…