State Ex Rel. Garrett v. Whitehurst

There is no occasion for the granting of a rehearing to consider the alleged estoppel set up against the relator in prohibition in the respondent’s return. That question is one that this Court has deliberately refused to decide in the present case wherein the party respondent is the Circuit Judge and not the Fort Myers Drainage District.

It is in the district’s favor that the estoppel exists, if at all, and such estoppel can become available only in some appropriate proceeding wherein the relator, Garrett, as administrator C. T. A., and the district are the parties, to a proper controversy…