State Ex Rel. Chase v. Babcock

Olsen, C.

Proceeding for a writ of mandamus upon petition of Josiah H. Chase, relator, against Charles M. Babcock, as commissioner of highways of the state of Minnesota, respondent. An alternative writ issued. The respondent demurred to the petition and alternative writ on the ground that the facts stated therein do not constitute a cause of action. The demurrer was sustained, and relator appeals.

Relator is a citizen, resident and taxpayer of the city of Minneapolis and owns real property abutting on University avenue in said city. He brings this proceeding to have a writ of mandamus issued…