State Ex Rel. Hurley v. Schmidley

Here the court had issued an alternative writ of mandamus directed to the clerk of courts to either take the necessary steps to enable the petitioner police officer to be paid a witness fee, or, in the alternative, to show cause to the contrary. The trial court held the motion to quash such writ raised only a technical objection to the adequacy of the petition on its face. He did not rule on whether the petitioner was in fact entitled to a witness fee. The sole issue decided by the trial court was whether the remedy of mandamus was proper, and that is the sole issue with which this opinion…