Passe v. Mitchell

Opinion by

Mr. Chief Justice Moore.

*502Albert B. Passe filed a complaint against the defendants in error above named in which he sought an injunction against defendant Mitchell, as well as damages in the amount of $25,000, and relief against the other defendants in the nature of mandamus to compel performance by them of alleged official duties. By stipulation the claim for damages was withdrawn.

A motion to dismiss for failure to state a claim was filed by the defendants, and upon the hearing thereof the trial court granted the motion, dismissed the action, and, over objection of counsel for…