Summary

United States ex rel Turner v. Fisher…

Where a general demurrer to an answer containing such defense was overruled, and the relators, instead of replying, elected to stand on their demurrer, the writ of mandamus was properly refused. Re Sanford Fork & Tool Co. supra.
7. To have issued the writ would have involved the useless thing of requiring relators' names to be re-entered, and in other proceedings having their names stricken because the original enrolment had been procured by fraud, thus admitted by the demurrer.
Source: Wikisource

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