State Ex Rel. Davis v. Industrial Commission

The above named cause is in this court as an original action. Relators are seeking a writ of mandamus against the Industrial Commission commanding it to grant a rehearing in a proceeding seeking benefits by claimed beneficiaries under the Industrial Commission laws.

The respondents have interposed a general demurrer to relators ’ petition.

Relators have filed a motion to dismiss respondents’ demurrer. This is a superfluous procedure, since the relators have the right to question the sufficiency of the demurrer, independently of their motion.

We shall treat the brief accompanying the motion as an…