State ex rel. Schmitt v. Macdonald

13 N.W. 671, 29 Minn. 440, 1882 Minn. LEXIS 145

Opinion

By the court.

The alternative writ must be quashed on two grounds: First, the affidavit does not set forth a copy of the proposed statement ■of the case, nor show what it was, so that this court can see that it was necessary, in order to present the case .properly to this court, that the statement asked to be inserted should be inserted; second, there is a. •variance between the statement which the alternative writ requires-the respondent to insert in the settled ease, and that which the affidavit shows was struck out. All other objections to the writ are overruled.