State ex rel. Broatch v. Moores

It seems to me the decision of the court is the result of a strange perversion of the statutory provisions quoted *293in the opinion. The argument which leads to the conclusion reached was not advanced by any of the learned counsel for respondent, and they will, doubtless, be amazed and much chagrined to learn that their client has at last succeeded in the action without effective aid from them. The assumption that section 102 was intended to apply only to exceptional cases and “as a last resort” is manifestly unwarranted. The language is sweeping, and plainly includes all the elective and…