State ex rel. Remley v. Lowe

Relator filed Ms application for an alternative writ of mandamus against the respondents. Respondents entered their appearance and waived’ the formal issuance of the alternative writ, and have treated the petition as and for the alternative writ. To such pleading they have' demurred. Under such circumstances we have treated the petition for mandamus as and for the alternative writ, and a demurrer thereto as a motion to quash such writ, and thus they will he treated in this case.

The facts pleaded and pertinent are about as follows: Respondents constitute the Board of Election Commissioners of…