State ex rel. Knott v. Haskell

Citations

• 72 Fla. 244

Syllabus

<p>1. A return to an alternative writ of mandamus should, for the purpose of making an issue, set up a positive denial of material facts as stated, or should state other facts sufficient to defeat relator’s right.</p> <p>2. The statement of a return to an alternative writ of mandamus should be positive, and not on information and belief.</p> <p>3. If the answer to an alternative writ of mandamus is wholly insufficient as a pleading, a demurrer will lie.</p> <p>4. The sufficiency of the return to an alternative writ of mandamus may be determined on a motion, for a peremptory writ.</p> <p>5. A denial of matters alleged in an alternative writ of mandamus by way of inducement, does not present a material issue.</p> <p>6. Where a portion of an answer to an alternative writ of mandamus is not responsive, but is wholly irrelevant to the allegations of the writ, such portion may be stricken on proper motion.</p> <p>7. In so far as the general denials of an answer are qualified or explained by the positive averments as to “the truth and fact” of the matter in issue, the latter averments control, particularly where the denials are of negative allegations.</p> <p>8. To an alternative writ of mandamus commanding the inspectors and clerk of a primary election at a certain precinct to properly and correctly tally and count and make a correct return of all the votes cast in the precinct at a primary election for the several candidates for nomination by a political ■party for a certain office so that the returns will correctly and accurately show all the first and second choice votes cast for each of the respective candidates named in the writ, or show cause why the}' refuse so to do, an answer which merely denies that the returns made by such inspectors and clerk are ■ inaccurate, coupled with the averment that the ballots were called, counted and tallied as accurately as lay within their ability, is not a valid return.</p>