Nolan v. McCoy

This is a motion to quash an alternative writ of mandamus. On this motion the only question is whether the writ is good or bad precisely as it stands. We are not concerned with any right to amend the writ as plaintiffs have not requested permission to amend. On the contrary they insist that the writ in form and substance as ordered is good. The trial justice has so held. The cause is now here on appeal by the defendants who contend that the trial justice erred in so holding. They argue that the alternative writ cannot be the basis for the issuance of a valid and enforceable peremptory writ in…