State Ex Rel. Walker v. Best
| Decision Date | 28 October 1935 |
| Citation | 121 Fla. 304,163 So. 696 |
| Parties | STATE ex rel. WALKER, Mayor, et al. v. BEST, Town Clerk. |
| Court | Florida Supreme Court |
Original mandamus proceeding by the State, on the relation of Marion E. Walker, Mayor of the Town of Holly Hill, Volusia County and another, against A. W. Best, Clerk of the Town of Holly Hill.
Peremptory writ denied, and alternative writ quashed.
Louis Ossinsky, of Daytona Beach, for petitioners.
A. W Best, in pro. per.
The purpose of this mandamus proceeding, which was begun by filing of petition in this court in on October 19, 1935, is to compel the respondent, A. W. Best, town clerk of the town of Holly Hill, Volusia county, to sign, post and publish a copy of an amendment to section 10 of the town charter, set out in the petition, together with a notice of the special election to be held on November 5, 1935, which election had been called by the charter board which had been organized and acting under the provisions of chapter 6940 of the Acts of 1915, and to take certain steps in connection with preparations for said election.
An alternative writ was granted to which said town clerk promptly filed a motion to quash, upon the ground that the said charter board, in attempting to amend a certain section of the town charter, had acted without lawful authority, in that said town charter had been granted by a special act of the Legislature, being chapter 9775 of the Special Acts of 1923, and that special act could not be changed or amended by any action taken under said chapter 6940, frequently referred to as the Municipal 'Home Rule' Act. As the amendment proposed only effected a change in the date of holding the biennial municipal election of mayor and councilmen as fixed in section 10 of chapter 9775, the Town Charter Act, and matters incidental thereto, such as a provision that the terms of such elective officers now holding office should expire December 31, 1935, and fixing the terms of such officers as should be elected in December, 1935, and their successors, and as it appears that the proposed amendment related only to the form and method of carrying on the town government without attempting to add to the municipal powers already vested in the municipality by the special charter act, it may well be that this ground of the motion to quash is not well taken. Section 1 of said chapter 6940 provides that the act shall apply to 'every city and town in the State of Florida, whether...
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Steele v. Locke Cotton Mills Co.
...8 Cir., 7 F.2d 796; Christ v. Superior Court of City and County of San Francisco, 211 Cal. 593, 296 P. 612; State ex rel. Walker v. Best, 121 Fla. 304, 163 So. 696; Kavanaugh v. Chandler, 255 Ky. 182, 72 S.W.2d 1003, 95 A.L.R. 273; Dorsey v. Ennis, 167 Md. 444, 175 A. 192; State ex rel. McH......
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Conner v. Mid-Florida Growers, Inc.
...of acts outside the scope of his authority, that matter would be appropriate for further appellate review. See State ex rel. Walker v. Best, 121 Fla. 304, 163 So. 696 (Fla.1935). We turn, therefore, to that portion of the petition which seeks a writ of certiorari. Here Conner urges us to fi......
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State ex rel. Bergin v. Dunne
...thing. Fidelity & Casualty Co. v. Magwood, 111 Fla. 190, 149 So. 29; McAlpin v. State, 155 Fla. 33, 19 So.2d 420; State ex rel. Walker v. Best, 121 Fla. 304, 163 So. 696. It will not issue in order to enable the person in whose behalf it is sought to effect or accomplish an illegal purpose.......
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City of Miami Beach v. Atheneum, Inc., 71--353
...will not lie to command the performance of a futile or useless act. Bischoff v. State, 43 Fla. 67, 30 So. 808; State ex rel. Walker v. Best, 121 Fla. 304, 163 So. 696. However, since the judgment would appear to have the force of a judicial determination that the plaintiff should be entitle......