State Ex Rel. McDowell, Inc. v. Smith

HAYS, J

This is an original proceeding in mandamus to compel the respondent, as State Auditor, to issue a warrant on the State Treasurer in payment for certain materials furnished by the relator to the State Highway Commission for use by the latter in the construction of a supplementary state highway.

Upon the filing of the relator’s application for our alternative writ the respondent entered his appearance, waived the issuance of the writ aud filed his motion to dismiss the proceeding. This motion is essentially a demurrer and admits all well-pleaded facts set out in the application and raises…