City of Bradenton v. State, Ex Rel., (1935)
Court: Supreme Court of Florida
Number:
Visitors: 19
Judges: DAVIS, J. —
Attorneys: John B. Singeltary, and Samuel Kirk, for Plaintiffs in Error;
Hill Hill, for Defendant in Error.
Filed: Mar. 21, 1935
Latest Update: Mar. 02, 2020
Summary: A peremptory writ of mandamus awarded the relator bondholder in this case required the respondents, Mayor and members of the City Council of the City of Bradenton, to forthwith and without delay, convene and pass all necessary motions and resolutions, and to do and perform all other necessary acts and things for authorizing and directing the payment of certain matured principal and interest due and unpaid on the city's bonds and coupons set forth and described in detail in the peremptory writ. T
Summary: A peremptory writ of mandamus awarded the relator bondholder in this case required the respondents, Mayor and members of the City Council of the City of Bradenton, to forthwith and without delay, convene and pass all necessary motions and resolutions, and to do and perform all other necessary acts and things for authorizing and directing the payment of certain matured principal and interest due and unpaid on the city's bonds and coupons set forth and described in detail in the peremptory writ. Th..
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I concur in the holding that the peremptory writ is a departure from the alternative writ, but as I see it, the demurrer and motion to quash, addressed to the alternative writ were well taken and should have been sustained. I am also of the opinion that the court below erred in granting the motion to strike the amended return of the respondent.
Source: CourtListener
