Burke ex rel. Burke v. Beveridge

It has been definitely settled in this state that in mandamus proceedings the alternative writ and the demurrer thereto, so far as this case is concerned, constitute the entire record to be considered by the court. This court cannot look to the petition for the alternative writ for the purpose of enlarging or supporting the writ: Sections 618-620, *22Or. L.; Dryden v. Daly, 89 Or. 218, 225 (173 Pac. 667); Elliott y. Oliver, 22 Or. 44 (29 Pac. 1); McLeod v. Scott, 21 Or. 94 (26 Pac. 1060, 29 Pac. 1).

Pleadings when tested by demurrer will be construed most strongly against the pleader: Loveland v.…