South Dakota Employers Protective Ass'n v. Poage

This special proceeding was commenced by filing a petition praying for a writ of mandamus. An alternative writ was issued, to which the defendant interposed a demurrer and made a motion to quash. The demurrer and the motion were based on the common ground that the affidavit or petition did not state facts sufficient to constitute a cause of action. ■ The court entered an order sustaining the demurrer, andi a further order quashing the writ. The plaintiff perfected a separate appeal to this court as to each order, and by stipulation of counsel the two appeals were consolidated and considered…