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STATE EX REL. FARLEY v. BD. OF SCHOOL DIRECTORS

No. 53.

49 Wis.2d 765 (1971)

183 N.W.2d 148

STATE EX REL. FARLEY, Appellant, v. BOARD OF SCHOOL DIRECTORS OF THE CITY OF MILWAUKEE and others, Respondents.

Supreme Court of Wisconsin.

Decided February 5, 1971.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Milton S. Padway of Milwaukee.

For the respondents there was a brief by John J. Fleming, Milwaukee city attorney, and Carl F. Kinnel, assistant city attorney, and oral argument by Mr. Kinnel.

BEILFUSS, J.

The motion to quash a writ of mandamus serves the same purpose as a demurrer to a complaint. The basic issue is—do the facts alleged in the amended petition state a cause of action. The facts (but not the conclusions or statements of law) as pleaded are, for the purpose of the motion, considered to be true and the petition is to be liberally construed.

We believe the contentions of the parties are within these three issues:

(1)...

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