State, Ex Rel. Neafie v. Butler

ON PETITION FOR REHEARING

CHAPMAN, J.:

On petition for rehearing it is contended that the order restraining the enforcement of the peremptory writ of mandamus so as to prevent fraud, deceit, artifice and trickery was in accord wtih the previous rulings of this Court and within the exception referred to in State ex rel. Davis v. Atlantic Coast Line R. Co., 103 Fla. 1204, 140 So. 817, 824; State ex rel. Durrance v. City of Homestead, 125 Fla. 105, 169 So. 593, and Pomeroy’s Equity Jurisprudence, Vol. 4 (5th Ed.) par. 1361, p. 975. The answer to this contention is that the peremptory writ of…