State ex rel. Ellis v. Atlantic Coast Line Railroad
Supreme Court of Florida
This case was decided by Division A. This is a case of original jurisdiction. Statement. The above mentioned three cases against three separate corporations are founded upon alternative writs and demurrers thereto, in the same language and terms, and the opinion in the first case will be considered as applying to each of them.
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This case was decided by Division A. This is a case of original jurisdiction. Statement. The above mentioned three cases against three separate corporations are founded upon alternative writs and demurrers thereto, in the same language and terms, and the opinion in the first case will be considered as applying to each of them. Upon the petition of the relators an alternative writ of mandamus issued out of this court on March 7, 1904, alleging in substance: 1. The incorporation of the respondent and that since the eighth of October, A. D. 1903, it has controlled and operated as a common…
1Opinion of the CourtHocker, J.
(after stating the facts). — It will be observed that the first, second, third, fourth and fifth grounds of demurrer present in various forms of statement the proposition that the alternative writ is bad and insufficient in law, because the recitals of the writ alleging a refusal of the respondent to put into effect the rates on phosphate prescribed by the order of the Railroad Commissioners are wanting in certainty, and amount simply to a conclusion of law. It is insisted that instances of violation should be set forth. This proceeding is instituted at the instance of an .official body, the…
2Cases cited12 opinions
- Attorney General v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Florida Central & Peninsular Railroad v. State ex rel. MayorSupreme Court of Florida · 1893
- City of Potwin Place v. Topeka Railway Co.Supreme Court of Kansas · 1893
- State ex rel. Lamar v. Jacksonville Terminal Co.Supreme Court of Florida · 1899
- State ex rel. City of Bridgeton v. Bridgeton & Millville Traction Co.Supreme Court of New Jersey · 1899
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State ex rel. City of Milwaukee v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1911
- State ex rel. Railroad Commissioners v. Atlantic Coast Line RailroadSupreme Court of Florida · 1910
- State ex rel. Ellis v. Atlantic Coast Line RailroadSupreme Court of Florida · 1906
- State ex rel. Railroad Commissioners v. Atlantic Coast Line Railroad Co.Supreme Court of Florida · 1913
- State ex rel. Railroad Commissioners v. Florida East Coast Railway Co.Supreme Court of Florida · 1914
1 more not listed; retrieve them via the Exa API.