State ex rel. Fowler v. Finley
Supreme Court of Florida
STATEMENT. This is an original proceeding by mandamus instituted by the relator, George P. Fowler, asking for a peremptory writ to require the Hon. Jesse J. Finley, Judge of the Circuit Court for the Fifth Judicial Circuit of the State, to vacate and set aside an order made by him as such judge on the 24th day of February, A. D. 1892, debarring said relator from the office and privileges of an attorney at law, and to allow him to exercise all the duties and privileges as an…
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STATEMENT. This is an original proceeding by mandamus instituted by the relator, George P. Fowler, asking for a peremptory writ to require the Hon. Jesse J. Finley, Judge of the Circuit Court for the Fifth Judicial Circuit of the State, to vacate and set aside an order made by him as such judge on the 24th day of February, A. D. 1892, debarring said relator from the office and privileges of an attorney at law, and to allow him to exercise all the duties and privileges as an attorney at law and solicitor in chancery. The alternative writ alleges that “on the seventh day of November, A. D.…
1Opinion of the Court
Mabry, J.:
The questions for our consideration in the case at-bar are presen ned by the demurrer to the return to the alternative writ. This demurrer will reach the alternative writ if it is defective, and bring it before the court for consideration. This rule in pleading applies to mandamus' proceedings as well as to other actions at law. Commercial Bank vs. Canal Commissioners, 10 Wend., 25 ; People vs. Ransom, 2 N. Y., 490; People ex rel. vs. Hatch, 33 Ill., 9; People ex rel. vs. Davis, 93 Ill., 133. In such proceedings the alternative writ takes the place Of a declaration at law, and it is…
2Cases cited22 opinions
- Ex Parte RobinsonSupreme Court of the United States · 1874
- Ex Parte WallSupreme Court of the United States · 1883
- Ex Parte BurrSupreme Court of the United States · 1824
- Ex Parte BradleySupreme Court of the United States · 1869
- People ex rel. Harless v. HatchIllinois Supreme Court · 1863
17 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State Ex Rel. Jordan v. PattishallSupreme Court of Florida · 1930
- People ex rel. Chicago Bar Ass'n v. MeyerovitzIllinois Supreme Court · 1917
- State ex rel. Burr v. Jacksonville Terminal Co.Supreme Court of Florida · 1916
- State ex rel. Sunday v. RichardsSupreme Court of Florida · 1905
- Hickey v. WellsSupreme Court of Florida · 1956
16 more not listed; retrieve them via the Exa API.