State ex rel. Garrison v. County Commissioners

Citations

• 23 Fla. 632

Syllabus

<p>1. It is improper to set up as a ground of demurrer affirmative matter of fact not appearing in the pleading demurred to.</p> <p>2. The establishment of a municipality under the general law for the incorporation of cities and towns, on territory over which a part of an existing public road, established by the road authorities of the county, passes, does not of itself abolish the road as a public highway, or revoke or suspend the powers and duties of the county authorities as to it.</p> <p>3. The failure of a railroad company to perform its duties as to crossing or otherwise using an established public road does not relieve the County Commissioners or other public officials of a county from the performance of their own statutory duties in the premises.</p> <p>4. Mandamus is the proper remedy to compel officials to perform such duties.</p>