State Ex Rel. Carson v. Bateman

• Decision Date: 03 March 1938
• Citation: State Ex Rel. Carson v. Bateman, 131 Fla. 625, 180 So. 22 (Fla. 1938)
• Parties: STATE ex rel. CARSON et al. v. BATEMAN et al.
• Court: Florida Supreme Court

180 So. 22

131 Fla. 625

STATE ex rel. CARSON et al. v. BATEMAN et al.

Florida Supreme Court

March 3, 1938

Rehearing Denied April 13, 1938.

Original mandamus proceeding by the State, on the relation of L. D Carson and others, to compel Clyde Bateman and others constituting the Board of Public Instruction of Liberty county, Fla., and another, to reinstate relators as teachers.

Peremptory writ denied and the cause dismissed.

COUNSEL Gregory & Towles, of Quincy, for relators.

Lewis Hall and Clyde W. Atkinson, both of Tallahassee, for respondents.

OPINION

PER CURIAM.

The alternative writ of mandamus herein issued from this court commanded the respondent members of the board of public instruction for Liberty county, Fla., to instanter convene as such board and reinstate relators as teachers in the public school at Hosford, Fla., in special tax school district No. 6 of Liberty county, for the school year 1937-1938, and to contract with them for their services as such teachers, and commanded the respondent county superintendent of public instruction of Liberty county, Fla., to do and perform all acts necessary on his part to effectuate the carrying out of the other commands of the writ, or to show cause for not doing so.

A motion to quash the alternative writ was denied with leave to answer, in order that a full showing may be made of the rights asserted. Upon the filing of the answer, relators moved for a peremptory writ notwithstanding the answer. The latter motion admitted the well-pleaded pertinent averments of the answer; and if such averments are legally sufficient as a defense to the writ,...