Maurer v. State ex rel. Gage County

Ames, C.

This is a proceeding in error to reverse the judgment of the district court granting a peremptory writ of mandamus. The nature of the litigation is sufficiently disclosed by a stipulation contained in the record and which sets forth all the facts considered on the hearing as follows:

“It is hereby stipulated that for the purposes of the trial in this case, that in conjunction Avith the facts stated in the alternative writ and answer, the following facts are true:

“1st. The respondent reserves the right to object to any evidence on the ground that the writ does not state facts sufficient…