Legal Opinion

State ex rel. McKinnon v. Wolfe

Supreme Court of Florida

Decided June 15, 1909PublishedCited by 13 opinions

This case was decided by the court En Banc. This is a case of original jurisdiction. The facts in the case are stated in the opinion of the court.

1Per curiam

An alternative writ of mandamus was issued in this cause requiring the Circuit Judge to show cause why he does not enter a judgment in a civil action different from the judgment actually entered.

A motion is made to quash the alternative writ upon the ground that the judgment defendant is not a party to this proceeding.

*524Where it appears that substantial interests of third parties not before the court are involved, mandamus will not be awarded. See State ex rel. v. Trustees I. I. Fund, 20 Fla. 402; State ex rel. Sunday v. Richards, 50 Fla. 284, 39 South. Rep. 152.

Mandamus lies to compel a court…

2Cases cited4 opinions

  1. State ex rel. Sunday v. RichardsSupreme Court of Florida · 1905
  2. State ex rel. Dixon v. Trustees of the Internal Improvement FundSupreme Court of Florida · 1884
  3. State ex rel. Hart v. CallSupreme Court of Florida · 1899
  4. State ex rel. J. D. Matheson & Co. v. KingSupreme Court of Florida · 1893

3Cited by13 opinions

  1. State ex rel. Triay v. BurrSupreme Court of Florida · 1920
  2. State Ex Rel. Long v. CareySupreme Court of Florida · 1935
  3. State Ex Rel. Taylor v. GraySupreme Court of Florida · 1946
  4. State Ex Rel. Boulevard Mortgage Co. v. ThompsonSupreme Court of Florida · 1933
  5. Crump v. BranningSupreme Court of Florida · 1917

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API