QUADE v. WALSH, 188 Minn. 418 (1933)

247 N.W. 526

STATE EX REL. GUSTAVE E. QUADE v. E. A. WALSH.[1]

No. 29,319.Supreme Court of Minnesota.
March 17, 1933.

Case followed.

Mandamus in the district court for Ramsey county upon the relation of Gustave E. Quade to compel E.A. Walsh as adjutant general to allow relator’s claim for relief under L. 1931, c. 405, the Spanish war veterans relief act. There was judgment on the pleadings, Kenneth G. Brill, Judge, in favor of relator, from which respondent appealed. Reversed, following State ex rel. Hansen v. Walsh, 188 Minn. 412, 247 N.W. 523.

A brief was filed on behalf of appellant (respondent below) by Henry N. Benson, former Attorney General, and Chester S. Wilson, former Assistant Attorney General.

Upon hearing of the case there was an appearance and argument on behalf of appellant by Harry H. Peterson, Attorney General, and William S. Ervin, Assistant Attorney General.

McCoy Hansen, for respondent (relator below).

PER CURIAM.

Mandamus against the adjutant general to compel the allowance of relator’s claim for relief under the Spanish war veterans relief act, L. 1931, p. 552, c. 405. From the judgment of the district court ordering respondent to approve relator’s claim for relief, respondent appealed.

The point made by the attorney general, that mandamus is not the proper remedy and that certiorari should have been resorted to, need not be considered. On the merits the case is the same in all respects as State ex rel. Hansen v. Walsh, 188 Minn. 412, 247 N.W. 523. For the reasons therein stated, the judgment appealed from is reversed.

So ordered.

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