Edwards v. Tremper

This is a mandamus action in which the plaintiffs sought to require the defendant, as treasurer, to mark upon certain deeds that no excise tax was due, and to accept plaintiffs’ affidavits with reference thereto.

The defendant demurred to the plaintiffs’ complaint upon all of the statutory grounds. The demurrer was sustained.

The plaintiffs having failed to plead further and having elected to stand upon the complaint, the court entered an order of dismissal. The plaintiffs have appealed.

Mandamus is an extraordinary proceeding. It is permitted only when the complaint alleges facts sufficient to…