Dowdall v. Hutchens

Appellee, John H. Dowdall, filed his petition for a writ of mandamus in the circuit court of Greene county against appellants, Gilbert K. Hutchens, Leven M. Dowdall and W. F. Dowdall. Appellants filed a demurrer to the petition, which was sustained by the court. Appellee elected to stand by his petition, and judgment was rendered by the court that the petition be dismissed. From this judgment appellee appealed to the Appellate Court for the Third District, where the judgment of the circuit court was reversed and the cause remanded to the circuit court, with directions to overrule the demurrer…