State ex rel. McDonald v. Nemachek

The defendants contend that the relators cannot sue the state except in the manner provided by sec. 285.01 of the Statutes; that mandamus will not lie because relators have an adequate remedy at law; because the act sought to be enforced involves discretion on the part of defendant state officials; the defendants have legally exercised their discretion; and because the writ will not lie to enforce a disputed and unliquidated claim against the state.

The petition clearly shows that the claim grows out of a contract between the petitioners and the state. It appears that in doing the work under…