STATE EX REL. CLARENCE M. GAY, CLERK CIRCUIT COURT,
v.
J. M. LEE, STATE COMPTROLLER
The alternative writ of mandamus herein is hereby quashed, it appearing that the relator has no right to demand the performance of the command of the writ.
Alternative writ quashed.
Davis, C. J., and Whitfield, Ellis and Buford, J. J., concur.
Terrell and Brown, J, J., dissent.
(specially concurring) — My strong inclination is to dissent .from the above order, but in view of the unusually large number of equally divided opinions which have so recently occasioned an impasse in this Court on important questions, I concur in the above order, inasmuch as my concurrence therein leads to the same judicial order that would become necessary should my tentative dissent be allowed to stand and thereby create an equally divided court for the final decision of this case.
Davis, C. J.
(specially concurring) — My strong inclination is to dissent .from the above order, but in view of the unusually large number of equally divided opinions which have so recently occasioned an impasse in this Court on important questions, I concur in the above order, inasmuch as my concurrence therein leads to the same judicial order that would become necessary should my tentative dissent be allowed to stand and thereby create an equally divided court for the final decision of this case.
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State ex rel. David B. Enby & Ralph Enby v. Hayes Wood, 140 Fla. 185 (Fla. 1939)…te v. Atlantic Coast Line R. Co., 97 Fla. 816, 122 So. 256. The return or answer as made by the respondents is [*188] adjudged to be sufficient. See State ex rel. Cunningham v. Davis, 123 Fla. 41, 166 So. 289; State ex rel. Gay v. Lee, Comptroller, 112 Fla. 825, 151 So. 49; State ex rel. Gillespie v. Carlton, 103 Fla. 810, 138 So. 612 State v. Seaboard Air Line R. Co., 92 Fla. 63, 109 So. 656. Peremptory writ denied. It is so ordered. AA^ixitfield; P. J., and Brown, J., concur. Thomas, J., concurs in o…