STATE, EX REL. MARION FOSTER, A WIDOW,
v.
E. E. ANDERS, CHAIRMAN, FRED M. VALZ, BEN F. TRENAY, THOMAS C. IMESON, AND P. M. ULSCH, AS MEMBERS OF AND CONSTITUTING THE CITY COMMISSION OF THE CITY OF JACKSONVILLE, ET AL.
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The Florida Supreme Court denied a petition for rehearing in a mandamus suit, reaffirming its prior decision and rejecting the petitioner's arguments regarding jury trials and the sufficiency of evidence for a common law marriage.
No, a trial by jury on issues of fact does not obtain in mandamus suits in Florida. The evidence is sufficient to sustain the lower court's judgment.
“Trial by jury on issues of fact in mandamus suits does not obtain in Florida.”
Establishes the court's holding on the availability of jury trials in mandamus actions.
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Join FLexlaw to unlock all legal intelligenceThe petitioner sought a writ of mandamus, and the case involved issues of fact, including the existence of a common law marriage. The petitioner conte…
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On petition for rehearing careful consideration has been given to each ground thereof.
Trial by jury on issues of fact in mandamus suits does not obtain in Florida. This question was decided, adversely to petitioner’s contentions many years ago by this Court. The authorities are cited in the original opinion.
*642The sufficiency of the evidence to sustain the common law marriage as between the parties has been re-examined in the light of petitioner’s contentions made, and we are unable to agree to her conclusions thereon.
An examination likewise has been made of the sufficiency of the evidence to sustain the judgment of the court below. We fail to find error as each question is fully settled in the original opinion.
Petition for rehearing is denied.
Terrell, C. J., and Whitfield, Brown, and Chapman, J. J., concur.