107 Wis. 354 | Wis. | 1900
This court held in State ex rel. G. B. & M. R. Co. v. Jennings, 56 Wis. 113, that a proceeding by mandamus was essentially a civil action, so far as-the rules and practice as to pleadings were concerned, and that as to form and sufficiency the several pleadings must be governed by the same rules which prevail in other civil actions. This rule was recently reiterated and approved in the case of State ex rel. Buchanan v. Kellogg, 95 Wis. 612. Sec. 3451, Stats. 1898, provides that, whenever a return shall be made to any writ of mandamus, the person prosecuting the same “ may demur or answer all or any of the material facts •contained in the same return.” Construing this statute to mean that a demurrer might be interposed to any material fact contained in the return, the relator demurred to certain paragraphs of the return, as not stating facts sufficient to
This conclusion renders it unnecessary to consider the case -on the merits.
By the Oourt.— The order of the circuit court is reversed, ;aud the cause is remanded for further proceedings according to law.