WILLIS CASTAING, AS MAYOR, OF THE CITY OF TARPON SPRINGS, FLORIDA, AND H. JOE SMITH, AS CITY CLERK OF THE CITY OF TARPON SPRINGS, FLORIDA, PLAINTIFFS IN ERROR,
v.
STATE OF FLORIDA, EX REL., L. D. VINSON, DEFENDANT IN ERROR
WILLIS CASTAING, AS MAYOR, OF THE CITY OF TARPON SPRINGS, FLORIDA, AND H. JOE SMITH, AS CITY CLERK OF THE CITY OF TARPON SPRINGS, FLORIDA, PLAINTIFFS IN ERROR,
STATE OF FLORIDA, EX REL., L. D. VINSON, DEFENDANT IN ERROR
85 Fla. 289
Florida Supreme Court (1923)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Per Curiam.
This writ of error was taken to a peremptory writ of mandamus issued by the Circuit Judge commanding the mayor and clerk of the municipality to issue and deliver to the relator a warrant of the city for $3500.00 and to receive from relator a deed purporting to convey real estate to the city.
It does not appear that the city authorities had duly purchased and accepted the' property and had duly ordered the warrant to be issued, therefore mandamus is not applicable.
Reversed. Taylor, C. J., and Whitfield, Ellis, Browne and West, J. J., concur.
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Lee v. State, 129 Fla. 857 (Fla. 1937)…ror coram nobis has been granted where facts have been duly presented to show that a convicted person was in fact insane at the time of the conviction assailed.” See: Read v. State, 94 Fla. 32, 113 Sou. Rep. 630. In the suit of Washington v. State, 85 Fla. 289, 116 Sou Rep. 470, this Court said: “The functions of a writ of error coram nobis are limited to an error of fact for which, the statute provides no other, remedy, which fact did not appear of record or was unknown to the. court when judgment was pr…