Pfister v. State ex rel. Fox

The appellee filed in the court below his affidavit and moved for a mandate against the appellants, as commissioners of White county. The appellants appeared in person and by attorney, “ waived the issuing and service of process and alternative mandate,”and demurred to “the plaintiff’s complaint.” The court overruled the demurrer, and the defendants refusing to answer, or to show cause'to the contrary, the court entered a peremptory mandate as prayed. The error assigned is the overruling of the demurrer.

The appellee insists that the ruling presents no question, because, as was held in Johnson…