Scott v. State ex rel. Grothe
Supreme Court of Florida
Writ of Error to the Circuit Court for Marion County. Statement. Alternative writ of mandamus was. issued from the court below to the plaintiffs in error as members of the city council of Ocala directing them to permit the relator, Grothe, to assume the functions and powers and enter upon the duties of alderman at large of said city, or show cause to the contrary.
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Writ of Error to the Circuit Court for Marion County. Statement. Alternative writ of mandamus was. issued from the court below to the plaintiffs in error as members of the city council of Ocala directing them to permit the relator, Grothe, to assume the functions and powers and enter upon the duties of alderman at large of said city, or show cause to the contrary. The writ recited that said Grothe then was and had' been for more than five years a resident of said city, and a qualified elector of same; that said city was a municipality under the laws of this State entitled to all of the rights…
1Opinion of the Court
Maxwell, C.,
(After stating the facts.)
The alternative writ in this case is directed to the members of the city council of the city of Ocala, commanding them to permit the' relator to assume the functions of the office of member of such council. In order to support such mandate, it is necessary that the allegations of the alternative writ should make a clear prima *399facie case in favor of the relator, by “alleging all the essential facts which show the duty and impose the legal obligation on the respondent to perform the acts demanded of him, as well as the facts which entitle the relator to…
Also in this document: Per curiam.
2Cases cited7 opinions
- Peabody v. School CommitteeMassachusetts Supreme Judicial Court · 1874
- Board of Supervisors v. MinturnWest Virginia Supreme Court · 1870
- State ex rel. Donnelly v. TeasdaleSupreme Court of Florida · 1885
- Hildreth v. HeathAppellate Court of Illinois · 1878
- Hoxie v. County Commissioners of SomersetSupreme Judicial Court of Maine · 1845
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Florida Nat. Bank of Jacksonville v. SimpsonSupreme Court of Florida · 1952
- State ex rel. Burr v. Jacksonville Terminal Co.Supreme Court of Florida · 1916
- State Ex Rel. Gibbs v. BloodworthSupreme Court of Florida · 1938
- State Ex Rel. Hillsborough County v. AmosSupreme Court of Florida · 1930
- Etzler v. BrownSupreme Court of Florida · 1909
4 more not listed; retrieve them via the Exa API.