Public-domain · open source
OpenJurist

106 Fla. 956

143 So 777

Andersen v. State Ex Rel. Stirk

Supreme Court of Florida

Decided October 8, 1932

Supreme Court of Florida · decided 1932-10-08

Cited by 3 later decisions — most recently December 1936

3 state decisions

Relies on State ex rel. Sunday v. Richards · State ex rel. Dixon v. Trustees of the Internal Improvement Fund · State ex rel. McKinnon v. Wolfe

Good law ✅— No negative treatment on recordhow we know

Decided 1932-10-08

View the full empirical analysis of this case →

Per Curiam.

¶1 The facts are similar, and the principles of law stated in the case of Andersen, et al., v. State ex rel. Bauer, heretofore decided in the foregoing opinion, 143 So. 775, are controlling in this case. But as the amounts commanded to be paid to the relator in this case, exceeds the amounts the respondents' aver they have on hand and under their control, with which to make the commanded payment, the final order granting the peremptory writ herein must be reversed. The effect of the trust referred to in the return of the respondents, purporting to confer rights upon third persons in certain funds, cannot be determined in mandamus. See State of Florida ex rel. v. Trustees I. I. Fund, 20 Fla. 402; State ex rel. Sunday v. Richards, 50 Fla. 284, 39 So. 1521; State ex rel. McKinnon v. Wolfe, 58 Fla. 523, 50 So. 511.

¶2 Reversed.

*957 Buford, C.J., and Whitfield, Terrell and Brown, J.J., concur. Davis, J., concurs specially.
/106/fla/956 · .json · Public domain