State ex rel. Bisbee v. Board of State Canvassers

This case is now before us upon the demurrer to the return of the .respondents^

The -respondents having plead over, after a ruling adverse t*o their demurrer to the alternative writ, by that act, in contemplation of law, withdrew their demurrer, and the record must be treated, for the purpose of determining this demurrer ‘to the answer, as if the demurrer to the alternative writ had never been filed. This question, in cases other than mandamus, was elaborately discussed in the case of Johnson vs. The Pensacola and Perdido Railroad Com*23pany, (16 Fla., 623,) and the conclusion above stated…