ART. 75.] PRACTICE—SPECIAL CASE STATED. 1149

Special Case Stated.

1888, ch. 264.

115. At any stage of an action or proceeding in a court of
law, the court may, on application of any party in interest, or of
its own motion if it shall appear that there is a question or ques-
tions of law which it would be convenient to have decided before
going further, direct such question or questions to be raised for
the court's decision, either upon a special case stated, or in such
other manner as the court may order; and all such further pro-
ceedings as may be rendered unnecessary by the decision of such
question or questions shall upon the decision be stayed, and such
Special case stated, or such proceedings as show the questions so-
decided, and the decision thereon, shall form part of the record
and be reviewable on appeal after final judgment in the case.

Summons with Claim for Injunction or Mandamus.

1888, ch. 456.

116. The plaintiff in any action at law (except ejectment and
replevin), upon the bringing of the same may, in his order to the
clerk to issue in the case if by titling, or in the order to issue, if
endorsed on the declaration, direct that the writ of summons shall
be " with claim for mandamus," or " with claim for injunction,"
(or either or both of them, as the case may be), or words to the
like effect; and the writ of summons thereon issued shall contain
Bach words.in accordance with such order, or words to like effect.

Ibid.

117. Upon complying with the provisions of the foregoing
section, the plaintiff may thereupon claim in his declaration, either
together with any other demand which may be enforced in such
action, or separately, a writ of mandamus commanding the de-
fendant to fulfil any duty, in the fulfilment of which the plaintiff
is personally interested, or directing the defendant to do any act
or acts that he may be bound by contract with the plaintiff to do,
or an injunction forbidding the defendant to do, repeat or con-
tinue to do any act or acts that it is his duty to refrain from doing,
either by contract or otherwise, or either or both of said writs.

Ibid.

118. The declaration in such action shall set forth sufficient
grounds upon which the claim for mamdamus or injunction is