State Ex Rel. Buck v. McCabe

The question presented to this court is-whether the Court of Appeals erred in sustaining the-demurrer to plaintiff’s amended petition. More specifically, the question may be stated as follows: Granting that all the facts stated in plaintiff’s amended petition are true, was the Court of Appeals required to-issue a writ of mandamus to the trial court in plaintiff’s personal injury suit, requiring that court to vacate and set aside its order theretofore made staying-the proceedings in the personal injury action for the-period during which William E. Pollock is actively engaged in the military…