City of Clearwater v. Green
| Decision Date | 03 August 1936 |
| Citation | 125 Fla. 157,169 So. 647 |
| Court | Florida Supreme Court |
| Parties | CITY OF CLEARWATER v. GREEN, Mayor-Commissioner. |
Original mandamus proceeding by the City of Clearwater, Florida, a municipal corporation, against R. E. Green, as Mayor-Commissioner of the City of Clearwater, Florida.
Peremptory writ issued.
COUNSEL John C. Polhill and S.E. Simmons, both of Clearwater, for relator.
Baskin, Jordan & Richards, of Clearwater, for respondent.
This is an original proceeding in mandamus to compel the respondent R. E. Green, as mayor-commissioner of the city of Clearwater, to countersign certain waterworks revenue certificates of the city of Clearwater and to affix the seal of the said city thereto and to execute the coupons attached to said certificates by his facsimile signature.
The same legal questions are presented here for our determination which have been presented and determined in the cases of E. H. Boykin v. Town of River Junction (Fla.) 169 So. 492, opinion filed July 17, 1936, and Williams v. Town of Dunnellon (Fla.) 169 So. 631, opinion filed at this term of the court, and in the two cases of the State ex rel. City or Vero Beach v. MacConnell, as Clerk of the City of Vero Beach (Fla.) 169 So. 628, decided at this term of the court; and on authority of the opinions and judgments in those cases, the motion to quash the alternative writ in this case is denied, and it is ordered that, the relator not wishing to plead further, peremptory writ of mandamus do issue.
ELLIS, P.J., concurs upon the principle announced in his specially concurring opinion in the case of State ex rel. City of Vero Beach v. MacConnell, 169 So. 628, this day filed.
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