Legal Opinion

State ex rel. Lamar v. Jacksonville Terminal Co.

Supreme Court of Florida

Decided June 15, 1899PublishedCited by 24 opinions

Writ of error to the Circuit Court for Duval county. Statement. On September 11, 1899, the Circuit Court of Duval county issued an alternative writ of mandamus directed to defendant in error.

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Writ of error to the Circuit Court for Duval county. Statement. On September 11, 1899, the Circuit Court of Duval county issued an alternative writ of mandamus directed to defendant in error. It alleged that by a petition caused by the Railroad Commissioners to be filed in the name of the State by William B. Lamar as Attorney-General, and Benjamin S. Liddon and John M. Barrs as special counsel for such commissioners, it was made to appear that on September 4, 1899, at the city of Jacksonville, • the commissioners being then in session in a certain cause pending before them between the…

1Opinion of the CourtCarter, J.

(after stating the facts):

I. First ground of the motion to quash: We perceive no impropriety in naming Benjamin S. Liddon and John M. Barrs,'in their capacity as special counsel for the Railroad Commissioners, along with the Attorney-General, as relators in this proceeding. Section 21 of the railroad commission law expressly authories the commissioners to cause to be instituted by the Attorney-General, State Attorney or special counsel, in the name of the State, proceedings by or for mandamus, &c., and it appears from the allegations of the alternative writ that the commissioners directed the…

2Cases cited33 opinions

  1. Munn v. IllinoisSupreme Court of the United States · 1877
  2. Smyth v. AmesSupreme Court of the United States · 1898
  3. Budd v. New YorkSupreme Court of the United States · 1892
  4. Lake Shore & Michigan Southern Railway Co. v. OhioSupreme Court of the United States · 1899
  5. Lake Shore & Michigan Southern Railway Co. v. SmithSupreme Court of the United States · 1899

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3Cited by24 opinions

  1. State v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
  2. State v. BryanSupreme Court of Florida · 1905
  3. Pacific Telephone Etc. Co. v. EshlemanCalifornia Supreme Court · 1913
  4. State ex rel. Triay v. BurrSupreme Court of Florida · 1920
  5. State ex rel. West v. ButlerSupreme Court of Florida · 1915

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

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