State Ex Rel. Cabott, Inc. v. Wojcik

A motion to quash a petition is deemed by sec. 293.01, Stats., to be a demurrer to the complaint. Will v. H&SS Department (1969), 44 Wis. 2d 507, 512, 171 N. W. 2d 378; State ex rel. Kurkierewicz v. Cannon (1969), 42 Wis. 2d 368, 374, 166 N. W. 2d 255. A petition for mandamus should therefore be given the same treatment that is afforded to a complaint when a demurrer is filed. It should be afforded every reasonable intendment when determining whether there is any ground for relief requested. Harte v. Eagle River (1970), 45 Wis. 2d 513, 519, 173 N. W. 2d 683; State ex rel. Leuch v. Hilgen…