Legal Opinion · Concurrence

State ex rel. West v. Gray

Supreme Court of Florida

Decided February 16, 1954Published

1ConcurrenceHobson, Justice

(concurring specially). ■■

It is well settled that the exercise of the original jurisdiction of this court to grant or withhold extraordinary writs is subject to the use of sound and informed judicial discretion, Somlyo v. Schott, Fla., 45 So.2d 502. Were the law to permit such writs to be made available of right, on the basis of a formalized procedure, their essential character would be .lost, and any case which could be fitted, or warped, into the requisite pattern might be placed before us for adjudication as an original proposition. The result would be to forge a- Constitutional power…

2Cases cited29 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Massachusetts v. MellonSupreme Court of the United States · 1923
  3. California v. San Pablo & Tulare RailroadSupreme Court of the United States · 1893
  4. Crawford v. GilchristSupreme Court of Florida · 1912
  5. Florida Central & Peninsular Railroad v. State ex rel. MayorSupreme Court of Florida · 1893

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