# State Ex Rel. Whidden v. Janes

> Supreme Court of Florida · October 22, 1936 · 125 Fla. 839

URL: https://www.frixlaw.com/law-library/cases/3380427

## Case

- **Full name:** State, Ex Rel. W. Blocker Whidden, v. F. G. Janes, Jr., County Judge, Et Al.
- **Court:** Supreme Court of Florida
- **Decided:** October 22, 1936
- **Citations:** 125 Fla. 839; 170 So. 168
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Whitfield, Terrell, Brown, Buford, Davis
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3380427

## Opinion text

Per Curiam.
— The.writ of error is from judgment on demurrer dismissing alternative writ of mandamus. The alternative writ of mandamus commanded certain election precinct officers, that is, inspectors and clerks of election precincts, to recount the ballots cast for certain candidates for sheriff in the primary election of June 2, 1936.
*840
And, the writ further ’commanded F. G. Janes, Jr., as County Judge of the County of Hardee, and Ruth L. Wallace as Supervisor of Registration of said county, and W. C. King as chairman of the Board of County Commissioners, constituting the Canvassing Board of Hardee County to “supervise said several sets of inspectors and clerks while making such recount and recanvass.” -This was a command to these officers to perform a function which was not their duty under the law to perform and, therefore, one which they could not be compelled to perform by writ of mandamus. So. the alternative writ was too broad and there was no authority for-the issuance of a peremptory, writ following the alternative writ in this regard. This point was specifically raised by the demurrer.
The order sustaining demurrer was without error.
Judgment on demurrer was without error.
The judgment is affirmed.
Whitfield, C. J., and Terrell, Brown, Buford and Davis, J. J., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3380427. Public record. Not legal advice.