City of Bradenton v. State Ex Rel. Perry

Brown, J.

(dissenting in part).—I concur in the holding that the peremptory writ is a departure from the alternative writ, but as I see it, the demurrer and motion to quash, addressed to the alternative writ were well taken and should have been sustained. I am also of the opinion that the court below erred in granting the motion to strike the amended return of the respondent.