State ex rel. White v. MacGibbon

Citations

• 79 Fla. 132
• 84 So. 91

Syllabus

<p>MANDAMUS' — WHEN LIES TO COMPEL MINISTERIAL OFFICER TO PERFORM DUTY REQUIRED' BY LAW.</p> <p>1. Boards of County Commissioners are proper parties relators in mandamus proceedings to compel the Circuit Court clerk as ex officio clerk of their Board to draw and sign a warrant ordered by the Board on the county’s funds with which to pay for and procure a title to. and possession of land purchased for the county by such hoard from which to procure •materials for the construction -of the public roads of their 'county, even though such warrant is to he drawn in favor •of and made payable to a third party the vendor of the land that such warrant is to pay the purchase price of.</p> <p>2. The headnote in the published reports of the case if Wiecking v. State ex rel. Coachman, 66 Fla. 49, 62 South. Rep. 898, is misleadingly broad, and is hereby qualified so as to read as follows: “The county commissioners are not the proper parties to mandamus the clerk to draw a warrant ordered by them in favor of private parties, unless such Commissioners are officially directly interested in the payment of such warrant.”</p>