Anders v. Nicholson

On Petition for a Rehearing

This was a judgment in a mandamus proceeding and the duty devolved upon the court to notice and correct fundamental errors in the proceedings shown by the record, whether specifically argued or not. See State, ex rel., Barrs v. Pritchard, 111 Fla. 122, 149 Sou. Rep. 58, decided at the present term. This is so because the object of a writ of mandamus directed to public officers is to coerce performance of a duty, and not to create a duty. Therefore, if no duty to do the thing commanded exists under the law, the Court should not order it to be done, whether objection…