Will v. Department of Health & Social Services

To secure the writ of mandamus sought, appellant was required to establish “. . . a clear legal right” to the performance of a “. . . duty-sought to be enforced [which] is positive and plain . ...” 2 The motion to quash an alternative writ of mandamus is to be treated in the same manner as a demurrer. 3 Such motion admits the allegations of fact in the petition but asserts that the facts alleged do not support issuance of the writ. 4

The petitioner and others had requested hearings before the state department after being denied certain additional benefits by the county agency administering the…