State ex rel. Quale v. Penney

Appeal from order upon motion for judgment upon pleadings dismissed. In ordinary actions no appeal lies from an order granting or denying a motion for judgment upon pleadings. The same rule held to govern when application is made for a writ of mandamu^. [Reporter.]

Upon the relation of Theo. Quale the district court for Pennington county-granted its alternative writ of mandamus directed to Guy A,. Penney, as mayor of the -city of Thief River Falls, directing him to sign warrants issued by the city clerk of that city to petitioner in payment of his salary as city attorney for the months of January, February and 'March, 1919, and permit the same to be delivered to petitioner, or show cause why he had not done |so. From an order, Grindeland, J., granting respondent’s motion for judgment upon the pleadings, -denying a peremptory writ and dismissing the petition and alternative writ, petitioner appealed.