County Commissioners v. C. E. Johnson & Co.

Citations

• 21 Fla. 577

Syllabus

<p>1. A supersedeas to a judgment awarding a peremptory writ of mandamus which has not been performed stays the execution of the writ, but does not undo the previous full performance thereof.</p> <p>2. Where, after an appeal taken from a judgment granting a peremptory writ of mandamus, a supersedeas is granted, hut the defendants in the writ, who are appellants, have in the interim performed its commands, an attachment will not issue against the relators for availing themselves of the benefit of such performance as a contempt of such supersedeas granted without notice of the performance.</p> <p>3. A performance of the requirements of a peremptory writ of mandamus is not a bar to an appeal from the judgment awarding the writ.</p>