Howell v. State ex rel. Edwards
Citations
- 54 Fla. 199
Syllabus
<p>MANDAMUS, CERTAINTY OF MANDATORY PART OF WRIT — DOES NOT LIE TO ENFORCE PAYMENT OF UNLIQUIDATED CLAIM. WPIEN JUDGMENT IN, WILL BE FRUITLESS WRIT SPIOULD BE DENIED.</p> <p>1. The range of action required of the respondent by an alternative writ of mandamus should be clearly, particularly and explicitly set forth in the mandatory part of such writ. The duty commanded should not be left to indiscriminate outside ascertainment dehors the writ.</p> <p>2. Mandamus does not lie to compel the payment of an unliquidated, unadjudicated claim that is disputed.</p> <p>3. Where the judgment sought in a mandamus proceeding will be fruitless and unavailing the writ should be denied and the proceedings dismissed.</p>
Judges: Taylor
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4 cases in this archive cite this case.
- Sanitarians' Registration Board v. SolomonDistrict Court of Appeal of Florida· 1963-01-22· cited 9×
- Nash v. RichardDistrict Court of Appeal of Florida· 1964-08-04· cited 5×
- Cawthon v. State ex rel. AdamsSupreme Court of Florida· 1911-06-15· cited 4×
- Tallahassee Memorial Regional Medical Center v. LewisDistrict Court of Appeal of Florida· 1981-05-29· cited 4×
Cites
5 cases in this archive are cited by this case.
- Florida Central & Peninsular Railroad v. State ex rel. MayorSupreme Court of Florida· 1893-01-15· cited 52×
- Garrard County Court v. McKeeCourt of Appeals of Kentucky· 1875-06-23· cited 21×
- State ex rel. Vereen v. Board of County CommissionersSupreme Court of Florida· 1891-01-15· cited 17×
- State Board of Education v. City of West PointMississippi Supreme Court· 1874-10-15· cited 12×
- Gov. ex rel Haygood v. Justices of the Inferior CourtSupreme Court of Georgia· 1855-09-15· cited 4×
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