State Ex Rel. Peter v. Listman

This action in mandamus was brought by Allen E. Peter in the superior court to compel the city of Seattle, through its proper officers, to appoint him as patrolman on the police force, and to recover back salary. Upon filing the complaint, a show cause order or alternative writ was issued and served. The defendants, upon appearing in the cause, filed a general demurrer to the complaint. After-wards an answer was filed, which the relator moved to strike, claiming it was not in time, that it should have been filed with the demurrer.

The denial of the motion to strike is assigned as error.…