From Casetext: Smarter Legal Research

Nichols v. State

Supreme Court of Florida
Jun 20, 1939
190 So. 11 (Fla. 1939)

Opinion

Opinion Filed June 20, 1939

A writ of error from the Circuit Court for Dade County, H.F. Atkinson, Judge.

J.W. Watson, Jr., E.F.B. Brigham and W.W. Charles, for Plaintiff in Error.

Bart A. Riley, for Defendant in Error.


West D. Archer, the defendant in error, was discharged as an employee of the City of Miami. He brought mandamus to enforce his reinstatement relying on his status under the Civil Service Code of Rules and Regulations. A motion to quash the alternative writ was denied and the City announcing that it would rely on the motion to quash, peremptory writ was issued to which judgment, the instant writ of error was prosecuted.

It is contended that the alternative writ is defective in that it fails to allege any legal duty on the part of the City or that there are funds in the city treasury available to pay relator.

The alternative writ has been examined as have briefs of counsel, and the judgment below found to be free from error. It is affirmed on authority of State ex rel Whitehead v. Ulsch, et al., 137 Fla. 321, 188 So. 216.

Affirmed.

WHITFIELD, BROWN, BUFORD, CHAPMAN, and THOMAS, J. J., concur.


Summaries of

Nichols v. State

Supreme Court of Florida
Jun 20, 1939
190 So. 11 (Fla. 1939)
Case details for

Nichols v. State

Case Details

Full title:C. S. NICHOLS, Director of Department of Public Service, City Of Miami, v…

Court:Supreme Court of Florida

Date published: Jun 20, 1939

Citations

190 So. 11 (Fla. 1939)
190 So. 11

Citing Cases

State v. McCall

That mandamus is a proper remedy in such cases is well settled in this jurisdiction. See Hammond v. Curry,…

Nelson v. Lindsey

Mandamus is an appropriate method of review and remedy when an administrative municipal board is duly charged…