Jones v. Methvin

Reid, Chief Justice.

We must first dispose of the question whether or not the plaintiff had an adequate remedy at law, the point being made by demurrer that mandamus was the proper remedy. It is argued that since mandamus is intended to compel action, and injunction to restrain or prevent it, this ground of the demurrer is good, since, as claimed, the plaintiff seeks only to compel the commissioner to observe in his official capacity the previous designation of the plaintiff’s newspaper as the official organ. It is contended that the plaintiff might obtain adequate relief by the writ of…