State Ex Rel. Sime v. Pennebaker

Julius J. Olson, Justice.

This is an appeal by relator in the court below from an order quashing a writ of mandamus issued at her behest. The order was made upon respondent’s motion to quash the writ and dismiss relator’s petition. (Hereafter we shall refer to relator as plaintiff and to respondent as defendant.)

The record below, and here, is limited to the facts alleged in plaintiff’s petition for the writ and the admissions made by defendant in his return thereto. There are two affidavits also to be considered, by the respective counsel for each of the parties. From the pleadings we gather…