State ex rel. McGill v. Cook
Supreme Court of Minnesota
Upon the petition of E. W. McGill, the district court for Hennepin county issued its alternative writ of mandamus directing O. A. Cook, as clerk of ITiawatha Camp, No. 1931,' Modern Woodmen of America, to draw up and sign a written order of that camp in favor of relator McGill for the sum of $285, and directing Arthur E. Cook, as consul of that camp, to sign the order as such consul, or show cause why they had not done so.
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Upon the petition of E. W. McGill, the district court for Hennepin county issued its alternative writ of mandamus directing O. A. Cook, as clerk of ITiawatha Camp, No. 1931,' Modern Woodmen of America, to draw up and sign a written order of that camp in favor of relator McGill for the sum of $285, and directing Arthur E. Cook, as consul of that camp, to sign the order as such consul, or show cause why they had not done so. The respondents demurred to the amended petition, and moved to quash the alternative writ, on the grounds (1) that there was defect of parties plaintiff and relator, and…
1Opinion of the Court
Start, O. J.
This is an appeal from an order of the district court of the county of Hennepin overruling the demurrer of the appellants herein to the amended petition in a mandamus case. The relator urges that the order is not appealable.
If respondent in mandamus proceedings may raise the question of the legal sufficiency of the facts stated in the petition and the alternative writ by a demurrer, it follows that an order sustaining or overruling a demurrer is appealable. The statute does not expressly provide that a demurrer may be interposed in such cases to the petition, or alternative writ,…
2Cases cited9 opinions
- Bassett v. AtwaterSupreme Court of Connecticut · 1895
- Gleason v. University of MinnesotaSupreme Court of Minnesota · 1908
- State ex rel. Lake Shore Telephone & Telegraph Co. v. De GroatSupreme Court of Minnesota · 1909
- State ex rel. Minneapolis Tribune Co. v. AmesSupreme Court of Minnesota · 1884
- State ex rel. Babcock v. County of ChisagoSupreme Court of Minnesota · 1911
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State Ex Rel. Coduti v. HauserSupreme Court of Minnesota · 1945
- State ex rel. Early v. WunderlichSupreme Court of Minnesota · 1920
- State ex rel. Schwartzkopf v. City Council of BrainerdSupreme Court of Minnesota · 1913
- Johnson v. BrastadSupreme Court of Minnesota · 1919
- State ex rel. Landon v. AndingSupreme Court of Minnesota · 1916
7 more not listed; retrieve them via the Exa API.