Puckett v. State ex rel. Johnson

Citations

• 33 Fla. 385

Syllabus

<p>1. In mandamus proceedings the allegations of the alternative writ': can only be considered on a motion to quash, and it is essential that such allegations should show a clear prima facie case in favor of the relator. • In order to make a prima facie case the-writ should allege all the essential facts which show the duty and impose the legal obligation on respondent to perform the-acts demanded of him, as well as the facts that entitle the relator to invoke the aid of the court to compel the performance ■ of such duty.</p> <p>2. An alternative writ alleged, in substance, that relator applied for- and obtained from the proper officials a state and county license to retail liquors, wines and beer in the city of Orlando, and then made application to respondent, as tax collector of' said city, for a license required by the city to carry on such business within its corporate limits, and that he refused to issue the license, although the license‘tax and all costs were tendered, to him, and it was his duty to issue the same: Held, That said: writ was defective, as there was no statutory provision making it tl>e duty of respondent to issue the license demanded, and it, is not alleged that the city had legally imposed such duty on. him by ordinance, or otherwise.</p>