Legal Opinion

State Ex Rel. James L. Callan, Inc. v. Barg

Wisconsin Supreme Court

Decided April 8, 1958PublishedCited by 8 opinions

1Opinion of the CourtMartin, C. J.

A motion to quash a writ of mandamus is tantamount to a general demurrer (sec. 293.01, Stats.), and presents the sole issue as to whether or not there is any ground for the relief requested. As stated in State ex rel. Leuch v. Hilgen (1951), 258 Wis. 430, 431, 46 N. W. (2d) 229:

“ ‘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…

2Cases cited3 opinions

  1. Jefferson County v. TimmelWisconsin Supreme Court · 1952
  2. Marshall Drainage District v. FestgeWisconsin Supreme Court · 1956
  3. State Ex Rel. Leuch v. HilgenWisconsin Supreme Court · 1951

3Cited by8 opinions

  1. Miller v. SmithWisconsin Supreme Court · 1981
  2. State Ex Rel. Johnson v. County CourtWisconsin Supreme Court · 1968
  3. State Ex Rel. Columbia Corp. v. Town Board of Town of PacificWisconsin Supreme Court · 1979
  4. Lakeshore Development Corp. v. Plan CommissionWisconsin Supreme Court · 1961
  5. Will v. Department of Health & Social ServicesWisconsin Supreme Court · 1969

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