Murphy Ex Rel. State v. Fairmont Creamery Co.

This case involves the action of the plaintiff as dairy commissioner in canceling a license to do business issued by him to the defendant company. The defendant appealed to the district court from the order of cancellation; and at the same time commenced an action against plaintiff asking for a writ of mandamus requiring the dairy commissioner to vacate his order of cancellation and to issue a license to do business.

In that case — Fairmont Creamery Co. v. Murphy, ante, 126, 12 NW(2d) 71, decided and filed, we hold the district court was correct *134 in issuing tbe writ demanded. Sucb decision disposes of tbe entire situation involved in tbe case at bar.