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STATE EX REL. JAMES L. CALLAN, INC. v. BARG

3 Wis.2d 488 (1958)

STATE EX REL. JAMES L. CALLAN, INC., Respondent, vs. BARG, City Clerk, Appellant.

Supreme Court of Wisconsin.

April 8, 1958.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by William H. Bowman of Milwaukee.

For the respondent there was a brief by Charles L. Goldberg and Francis X. Krembs, both of Milwaukee. and oral argument by Mr. Goldberg.

MARTIN, C. J.

A motion to quash a writ of mandamus is tantamount to a general demurrer (sec. 293.01, Stats.), and presents the sole issue as to whether or not there is any ground for the relief requested. As stated in State ex rel. Leuch v. Hilgen (1951), 258 Wis. 430, 431, 46 N.W.2d 229:

"`The motion [to quash] is in the nature of a demurrer, and ordinarily is dependent...

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