State Ex Rel. Schmidt v. Youngquist

Mandamus to compel the attorney general of the state to place two pending civil actions, wherein the state is plaintiff, upon the next general term calendar of the district court in the county wherein they are pending, and to try said causes at said next term of court.

In response to the alternative writ to show cause the respondent appeared and moved the court to quash the writ and dismiss the proceeding on the ground that the facts stated in the writ did not constitute a cause of action. The motion was denied, and respondent was directed to answer the writ, which he did.

Both parties moved…