Peacock v. State Ex Rel. American Mortgage & Finance Co.

This was a mandamus proceeding brought in aid of a judgment at law recovered by the defendant in error against the City of South Miami, Florida. From the award of a peremptory writ of mandamus the city has sued out this writ of error. The case is now being considered by this Court on defendant in error’s motion to dismiss the appellate proceedings as frivolous and sued out merely for delay. Section 4639 C. G. L., 2920 R. G. S. Upon consideration of the motion we have concluded to apply the rule laid down in Holtsberg v. McCarty, 117 Fla. 554, 158 Sou. Rep. 123, wherein it was held that where…