State ex rel. Moody v. Barnes

Citations

• 25 Fla. 298

Syllabus

<p>1. The authority conferred on the Comptroller by the Constitution of the State, to approve the bonds of county officeis, vests him with discretionary judgment, not subject to control by mandamus unless he abuses his discretion.</p> <p>3. While mandamus is a proper remedy where an officer in the performance of discretionary duty involving á. right given by law, bases his refusal of the right on a matter or ground outside of his discretion, it is not available where said matter < r ground is within the discretion to be exercised by him.</p> <p>3. Courts will not use mandamus to control the discretion of an officer for a wrong decision, because of a wr- -ng reason for the decision, unless the reason relates to a matter or question oí law not within his discretion.</p> <p>4. M. was elected to the office of Sheriff and presented his bond to the Comptroller for approval. The Comptroller refused his approval because one of the sureties had withdrawn, and the circumstances in reference to the assent of the others to the withdrawal were such that in his opinion there was serious doubt as to the validity of the bond : Held, That the question of the legality of the bond was one directly within his discretion, and his determination in regard to it, even if wrong, cannot be controlled by mandamas.</p>