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Caption: Booklet - UI Charter of Freedom (1942)
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EXTRACTED TEXT FROM PAGE:
24 ARtiUMKNT. I. The sole issue in the case is one of law, namely, whether the facts well pleaded in the petition are sufficient to entitle petitioners to the writ for which they pray. The so-called answer of the respondents throughout assigns numerous legal grounds why the writ prayed for should not be awarded. Under the prevailing practice in original mandamus, which precludes parties from ig both issues of law and issues of fact Wells, 255 111. 450, 455; People v. Palmer, 356 111. moved this Court to treat respondents' answer as a demurrer or a motion to strike in the nature thereof and filed a printed motion with suggestions in support thereof. Respondents first filed objections to the motion and then served notice on petitioners that they would appear before Justice June C. Smith at Centralia, Illinois, October 3, 1942 and withdraw their objections to said motion Both parties appeared by counsel at said time and place, and Justice Smith on said third day of October. 1942 entered an order granting leave to respondents to withdraw their objections to said motion and further ordered, on motion of counsel for petitioner! counsel for respondents being present and consenting that the motion of petitioners to treat t h e " £ respondents as a demurrer or motion to strike in th nature thereof, be granted, which was then and the done and the answer accordingly so treated A h ! same time the issues were declared to b l
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