STATE, EX REL. MCKINNEY BARTON,
v.
STATE RACING COMMISSION, ET AL.

Fla. | 1934-10-10
Davis, C. J., and Whitfield, Ellis, Terrell, Brown: and Buford, J. J.,- concur.
116 Fla. 795 Florida Supreme Court (1934) Positive Treatment
Also reported at: 156 So. 910
Cited by 3 cases
Opinion of the Court
Per Curiam.

Per Curiam.

In this case the right of the relator,in mandamus to maintain this proceeding in.mandamus with, respect to the particular things, commanded to be done by the State Racing Commission appearing to this Court to be-doubtful in the light of what is' shown by the -pleadings, it is ordered that the motion to quash the alternative writ be granted.

Davis, C. J., and Whitfield, Ellis, Terrell, Brown: and Buford, J. J.,- concur.

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Citator

Cited By

  • State v. Rose, 123 Fla. 544 (Fla. 1936)
    …716; State v. Robles, 111 Fla. 276, 150 So. 247; State v. Duncan, 116 Fla. 193, 150 So. 587. Where relator’s right to mandamus appears doubtful under the pleadings, motion to quash must be granted. State, ex rel. Barton, v. State Racing Commission, 116 Fla. 795, 156 So. 910. In State, ex rel. Rullidge, v. Hollingsworth, et al., this Court held that mandamus would lie to require the State Board of Medical Examiners to vacate an order illegally revoking the license of a physician made without notice or heari…

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