Trussell v. Martin

Candler, Justice.

(After stating the foregoing facts.) As shown by our statement of the facts, the court sustained a general demurrer to and dismissed the amended petition upon the ground that it did not state a cause of action for the writ of mandamus. Concededly, all other questions presented for decision by the writ of error will become 'moot if we sustain the trial court’s ruling on the demurrer; and, for the following reasons, we are of the opinion that the court’s ruling on the demurrer was proper:(a) Mandamus will not be granted to require an illegal act to be done by a public official,…