State ex rel. Burbridge v. Call

Citations

• 41 Fla. 450

Syllabus

<p>x. Mandamus can only be resorted to where there is no other adequate remedy to accomplish the purpose sought thereby, and where a remedy by appeal or writ of error exists, and such remedy is competent to afford full and ample relief, mandamus will not lie.</p> <p>2. An appeal lies to this court from an interlocutory decree in a chancery cause whereby an order of publication and the publication thereon, and the service upon a non-resident defendant administratrix sought thereby are set aside and held for naught upon her motion, and the record of the entry of appeal from that decree under Chapter 4528, act of 1897, will give this court jurisdiction over the person of such non-resident administratrix for the purpose of passing upon'the propriety of such decree.</p> <p>3. Briefs should he couched in decorous language and respectful in terms to the judge, the attorneys and all other persons mentioned therein, and where there is nothing in the record to justify remarks of a personal nature, such remarks should not be inserted in briefs prepared for this coui't.</p>