State Ex Rel. Leuch v. Hilgen

The trial court filed no opinion, so we are unable to ascertain upon what basis the motion to quash was granted. An examination of the record shows that the petition states a cause of action.

“The motion [to quash] is in the nature of a demurrer, and ordinarily is dependent for its effectiveness on grounds stated in the motion. It cannot be aided by allegations of fact, and, like a demurrer, admits all facts which are well pleaded for the purpose of the motion, and it raises the issue whether any ground for relief is stated.” 55 C. J. S., Mandamus, p. 525, sec. 290.

The affidavits and…