Myers v. State ex rel. Thompson
Supreme Court of Florida
A Writ of Error to the Circuit Court for Duval County; Daniel A. Simmons, Judge.
1Opinion of the CourtWhitfield, J.
A peremptory writ of mandamus was issued herein commanding the secretary of a lodge of Odd Fellows to issue a receipt for dues, etc., upon payments made under a schedule of assessment dues without reference to increases that had been made in such dues, the authority for which increase was contested. A writ of error was taken.
The writ of mandamus does not supersede legal remedies, but rather supplies the want of a legal remedy, therefore two prerequisites must' exist to warrant a court in granting this extraordinary remedy: first, it must appear that the relator has a clear, legal right to the…
2Cases cited3 opinions
- State ex rel. Ellis v. Atlantic Coast Line RailroadSupreme Court of Florida · 1907
- State ex rel. Sunday v. RichardsSupreme Court of Florida · 1905
- Cawthon v. State ex rel. AdamsSupreme Court of Florida · 1911
3Cited by22 opinions
- State Ex Rel. Nuveen v. GreerSupreme Court of Florida · 1924
- State Ex Rel. Palmer v. GraySupreme Court of Florida · 1927
- State Ex Rel. Long v. CareySupreme Court of Florida · 1935
- Leatherman v. SchwabSupreme Court of Florida · 1929
- Welch v. State ex rel. JohnsonSupreme Court of Florida · 1923
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