Myers v. State
| Decision Date | 14 January 1921 |
| Citation | 87 So. 80,81 Fla. 32 |
| Parties | MYERS v. STATE ex rel. THOMPSON. |
| Court | Florida Supreme Court |
Error to Circuit Court, Duval County; Daniel A. Simmons, Judge.
Mandamus by the State, on the relation of G. F. Thompson, as permanent Secretary of Omega Lodge No. 5442, Grand United Order of Odd Fellows of Florida, against L. H. Myers, as Secretary of Endowment Bureau of District Grand Lodge No. 27, United Order of Odd Fellows of Florida. Judgment for relator, and respondent brings error.
Reversed.
Syllabus by the Court
Not granted if relator has other adequate remedy; right to remedy must be clear. The writ of mandamus does not supersede legal remedies, but rather supplies the want of a legal remedy therefore two prerequisites must exist to warrant a court in granting this extraordinary remedy: First, it must appear that the relator has a clear, legal right to the performance of the particular duty by the respondent; and, second, that the law affords no other adequate or specific remedy to secure the performance of the duty which it is sought to coerce.
Does not lie to try collateral questions requiring legal controversy. Mandamus is not the proper method of trying collateral questions which require a legal controversy for their settlement.
Issuance of writ discretionary. At common law the issuance of a writ of mandamus is not a matter of course; being in its nature a prerogative writ, its issuance is to a certain extent a matter of judicial discretion, and even in this country where the prerogative character of the writ is no longer fully recognized, the exercise of the jurisdiction to grant it rests, to a considerable extent, in the sound discretion of the court, subject always to the well-settled principles which have been established by the courts.
Peremptory writ denied, where legal right of relator does not clearly appear. In mandamus proceedings, where the legal right of the relator to the relief sought does not clearly appear, and where questions involved should be adjudicated in other appropriate proceedings, a peremptory writ should be denied.
Herbert L. Anderson, of Jacksonville, for plaintiff in error.
Martin H. Long, of Jacksonville, for defendant in error.
A peremptory writ of mandamus was issued herein, commanding the secretary of a lodge of Odd Fellows to issue a receipt for dues, etc., upon payments made under a schedule of assessment dues without reference to increases that had been made in such dues, the authority for which increase was contested. A writ of error was taken.
The writ of mandamus does not supersede legal remedies, but rather supplies the want of a legal remedy, therefore two prerequisites must exist to...
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