Legal Opinion · Dissent

McCarty v. Booth

Supreme Court of Florida

Decided January 8, 1954Published

1DissentRoberts, Chief Justice

It is well settled that “courts in the exercise of their discretionary power to issue extraordinary writs will look to the public interest which may be concerned. * * * If public injury or embarrassment might result from issuance of the writ, the court may properly refuse it.” 34 Am.Jur., Mandamus, Sec. 35. And, in my opinion, the circumstances here are such as to require the court to deny the mandatory relief prayed- for by the relator.

In the first place, no title had passed to the relator.’ He had simply bid in the property at public sale; and until the deed was actually -executed and "…

2Cases cited3 opinions

  1. United States v. SchurzSupreme Court of the United States · 1880
  2. Lance v. SmithSupreme Court of Florida · 1936
  3. Dolores Land Corp. v. Hillsborough CountySupreme Court of Florida · 1953

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