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WILL v. H&SS DEPARTMENT

No. 141.

44 Wis.2d 507 (1969)

171 N.W.2d 378

WILL, on behalf of herself and others similarly situated, Appellant, v. DEPARTMENT OF HEALTH & SOCIAL SERVICES and others, Respondents.

Supreme Court of Wisconsin.

Decided October 31, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief by Zubrensky, Padden, Graf & Bratt and Richard Perry, all of Milwaukee, and oral argument by Mr. Perry.

For the respondents the cause was argued by Donald P. Johns, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

ROBERT W. HANSEN, J.

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...

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