State ex rel. Glatfelter v. Hart

Mandamus action to compel the board of health of Central City, Nebraska, to abate, or cause to be abated, a nuisance. The court allowed an alternative writ to issue, requiring the board to show cause why it should not abate the nuisance or cause it to be abated. To this writ the respondents filed a demurrer, which the court sustained. The respondents elected to stand upon the demurrer, and judgment of dismissal was entered.

The statute (Rev. St. 1913, sec. 8279) provides that mandamus cases shall be tried upon a writ and answer. The demurrer to the writ is, therefore, irregular, but will be…