State Ex Rel. Gillespie v. Mobley

Supreme Court of Florida

State Ex Rel. Gillespie v. Mobley

144 So. 839, 107 Fla. 280

DecidedNovember 21, 1932

StatusPublished

This text of 144 So. 839 (State Ex Rel. Gillespie v. Mobley) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State Ex Rel. Gillespie v. Mobley, 144 So. 839, 107 Fla. 280 (Fla. 1932).

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Opinion

In this case the Court holds that the allegations of the alternative writ are sufficient in law to require the re *281 spondents to answer the same. Therefore the motion to' quash the alternative writ will be denied, with leave to answer same within fifteen days.

If issues of fact are found to have been properly raised by such answer, that will require the taking of testimony and proof with respect thereto, respondents will be permitted to assert objections suggested by their motion to quash, which is to the effect that such issues of fact can and should be more conveniently and economically tried in the Circuit Court, and that therefore the proceeding here should be dismissed without prejudice to the right to proceed in the Circuit Court.

Motion to quash alternative writ denied with leave to make further return within fifteen days.

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

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In this case the Court holds that the allegations of the alternative writ are sufficient in law to require the re *281 spondents to answer the same. Therefore the motion to' quash the alternative writ will be denied, with leave to answer same within fifteen days.

If issues of fact are found to have been properly raised by such answer, that will require the taking of testimony and proof with respect thereto, respondents will be permitted to assert objections suggested by their motion to quash, which is to the effect that such issues of fact can and should be more conveniently and economically tried in the Circuit Court, and that therefore the proceeding here should be dismissed without prejudice to the right to proceed in the Circuit Court.

Motion to quash alternative writ denied with leave to make further return within fifteen days.

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

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Bluebook (online)

144 So. 839, 107 Fla. 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-gillespie-v-mobley-fla-1932.