State Ex Rel. Ellars v. Board of County Commissioners

On appeal we review judgment of circuit court quashing - alternative writ of mandamus and awarding judgment in favor of respondent.

Mandamus was invoked to coerce the payment to County Solicitor of Orange County, Florida, relator here, the salary provided by Chapter 17858, Acts of 1937, which relator claimed to be entitled to receive because the 1940 Federal census showed Orange County to have grown into the population bracket or classification within the purview and provisions of the Act.

The pertinent part of the Act is as follows:

■ “Section 1. In all counties of the State of Florida having a…