State Ex Rel. City of Sarasota v. Richards

• Decision Date: 03 August 1936
• Citation: 169 So. 643,125 Fla. 145
• Parties: STATE ex rel. CITY OF SARASOTA v. RICHARDS, City Clerk, etc.
• Court: Florida Supreme Court

169 So. 643

125 Fla. 145

STATE ex rel. CITY OF SARASOTA v. RICHARDS, City Clerk, etc.

Florida Supreme Court

August 3, 1936

En Banc.

Original mandamus proceeding by the State of Florida, on the relation of the City of Sarasota, a municipal corporation, against J. E. Richards, as City Clerk and City Treasurer of the City of Sarasota.

Peremptory writ issued.

COUNSEL Harrison E. Barringer, of Sarasota, for relator.

Glover E. Ashby, of Sarasota, for respondent.

OPINION

PER CURIAM.

This is an original proceeding in mandamus to compel the respondent, J. E. Richards, as city clerk and city treasurer of the city of Sarasota, to sign $77,000 of waterworks revenue certificates of the city of Sarasota, and to affix the seal of the said city to said certificates and deliver the same in due course.

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 of 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.

WHITFIELD, C.J., and TERRELL, BROWN, BUFORD, and DAVIS, JJ., concur.

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 (Fla.) 169 So. 628, this day filed.