STATE, EX REL. CITY OF SARASOTA,
v.
J. E. RICHARDS, AS CITY CLERK AND CITY TREASURER

Fla. | 1936-08-03
Whitfield, C. J., Terrell, Brown, Buford and Davis, J. J., concur.
125 Fla. 145 Florida Supreme Court (1936) Positive Treatment
Also reported at: 169 So. 643
Cited by 10 cases

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Synopsis

This original mandamus proceeding sought to compel a city clerk to sign and seal waterworks revenue certificates. The Florida Supreme Court denied the motion to quash the alternative writ, ordering that a peremptory writ of mandamus issue.

Holding

Yes, the court held that the clerk should be compelled to sign and seal the certificates, ordering a peremptory writ of mandamus to issue.

Key Quotes

“This is an original proceeding in mandamus to compel the Respondent, J. E. Richards, as City Clerk and City Treasurer of the City of Sarasota, to sign $77,000.00 of-waterworks revenue certificates of the City of Sarasota, and to affix the seal of the said City to said certificates and deliver the same in due course.”

Describes the nature of the original proceeding and the relief sought.

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Facts & Procedural History

The City of Sarasota sought to compel its City Clerk and City Treasurer, J. E. Richards, to sign $77,000.00 of waterworks revenue certificates and aff…

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Topics
Revenue Certificates Municipal Finance Mandamus

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Opinion of the Court
Per Curiam.

Per Curiam.

— This is an original proceeding in mandamus to compel the Respondent, J. E. Richards, as City *146Clerk and City Treasurer of the City of Sarasota, to sign $77,000.00 of-waterworks revenue certificates of the City of Sarasota, and to affix the seal of the said City to said certificates and deliver the same in due course.

The same legal questions are presented here for our determination which have been presented and determined in the cases of E. H. Boykin v. Town of River Junction, opinion filed July 17, 1936, and Williams v. Town of Dunnellon, opinion filed at this term of the Court, and in the two cases of the State, ex rel. City of Vero Beach, v. MacConnell, as Clerk of the City of Vero Beach, decided at this term of the Court; and on authority of the opinions and judgments in those cases, the motion to quash the alternative writ in this case is denied, and it is ordered that, the Relator not wishing to plead further, peremptory writ of mandamus do issue.

Whitfield, C. J., Terrell, Brown, Buford and Davis, J. J., concur.

Ellis, P. J.,

concurs upon the principle announced in his specially concurring opinion in the case of State, ex rel. City of Vero Beach, v. MacConnell, this day filed.

Concurrence
Ellis, P. J.,

Ellis, P. J.,

concurs upon the principle announced in his specially concurring opinion in the case of State, ex rel. City of Vero Beach, v. MacConnell, this day filed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Brooks v. City of Jacksonville, 127 Fla. 564 (Fla. 1937)
    …Voorhees v. City of Moore Haven, 125 Fla. 149, 169 Sou. Rep 641; State, ex rel. City of Vero Beach v. MacConnell, 125 Fla. 251, 169 Sou. Rep. 657; Roach v. City of Tampa, 125 Fla. 62, 169 Sou. Rep. 627; State, ex rel. City of Sarasota, v. Richards, 125 Fla. 145, 169 Spu. Rep. 643; Taylor v. City of Miami, 125 Fla. 144, 169 Sou. Rep. 644; Boynton v. City of Safety Harbor, 125 Fla. 143, 169 Sou. Rep. 644; Pente [*582] cost v. City of Fort Myers, 125 Fla. 152, 169. Sou. Rep. 645; State, ex rel. City of Arcadi…
  • State v. City of Pensacola, 135 Fla. 239 (Fla. 1938)
    …la. 140, 169 So. 638; Teachy v. City of Wauchula, 125 Fla. 150, 169 So. 640; Voorhees v. City of Moore Haven, 125 Fla. 149, 169 So. 641; May Land Co. v. City of Ft. Lauderdale, 125 Fla. 146, 169 So. 642; State, ex rel. City of Sarasota, v. Richards, 125 Fla. 145, 169 So. 643; Taylor v. City of Miami, 125 Fla. 144, 169 So. 644; Boynton v. City of Safety Harbor, 125 Fla. 143, 169 So. 644; Pentecost v. City of Ft. Myers, 125 Fla. 152, 169 So. 645; Airth v. City of Live Oak, 125 Fla. 155, 169 So. 646; City of C…
  • State v. City of DeLand, 135 Fla. 540 (Fla. 1938)
    …So. 638; Teachy v. City of Wauchula, 125 Fla. 150, 169 So. 640; Vorhees v. City of Moore Haven, 125 Fla. 149, 169 So. 641; May Land Co. v. City of Ft. Lauderdale, 125 Fla. 146, 169 So. 642; State, ex rel. City of Sarasota v. Richards, 125 Fla. 145, 169 So. 643; Taylor v. City of Miami, 125 Fla. 144, 169 So. 644; Boynton v. City of Safety Harbor, 125 Fla. 143, 169 So. 644; Pentecost v. City of Ft. Myers, 125 Fla. 152, 169 So. 645; Airth v. City of Live Oak, 125 Fla. 155, 169 So. 646; City of Clearwater v.…

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