State ex rel. Hawes v. Brewer

Citations

• 39 Wash. 65
• 80 P. 1001
• 1905 Wash. LEXIS 817

Syllabus

<p>Mandamus—Pleading—Demurrer—Practice. Common law forms of pleading being abolished, sustaining a demurrer to a writ or affidavit in mandamus is permissible, being in effect the quashing of the writ.</p> <p>Mandamus—To Compel Prosecution oe Crimes—Sunday Laws— Enforcement—Neglect of Duty a Misdemeanor. Mandamus will not lie to compel peace officers to prosecute all persons violating the laws respecting the keeping of places of business open and selling goods and liquors, etc., on Sunday, since no specific thing is pointed out to be done, and mandamus does not lie to compel a general course of official conduct, and since Bal. Code, § 7252, provides a specific remedy by making neglect of such official duty a misdemeanor.</p>