Johnson v. Smith

In this action, the appellants, as plaintiffs, applied to the court below, upon their complaint duly verified, for a writ of mandate against the appellee, as defendant. Ati alternative writ of mandate was issued, as prayed for in the complaint.

The appellee appeared, and demurred to the appellants’ complaint. This demurrer was sustained by the court, upon the ground that the complaint did not state facts sufficient to constitute a cause of action. To this decision the appellants excepted, and judgment was rendered on said de-' murrer, in favor of the appellee and against the appellants, for…