State ex rel. Wember v. Kingston

It is well established that a motion to quash an alternative writ of mandamus is regarded as a demurrer. State ex rel. Cothren v. Lean, 9 Wis. *279; State ex rel. Sherman v. Common Council, 20 Wis. *87; State ex rel. Court of Honor v. Giljohann, 111 Wis. 377, 87 N. W. 245; State ex rel. Baraboo v. Page, 201 Wis. 262, 229 N. W. 40.

The question for decision, therefore, is whether the petition of the relators states a cause of action against the Commissioner of Banking. No claim is made by the commissioner that the articles' of incorporation do not fully comply with the provisions of sec. 222.01 of the…