Armstrong v. Johnson Storage & Moving Co.

delivered tlie opinion of the court.

Johnson brought mandamus against Armstrong, secretary of state, to compel the issue to him of a license for a motor truck upon payment of fees exclusive of those required by S. L. 1927, chapter 135. For simplicity we treat tlie case as if there were hut one plaintiff. The defendant demurred to the alternative writ, the demurrer was overruled, the defendant elected to stand, the writ was made permanent and the case comes here on error. We think the judgment must be reversed. The complaint pleads much law and many conclusions of law which the demurrer of…