Newberry v. HarrisNewberry v. Harris
— In this сase the Supreme Court declines to take original jurisdiction of the controversy sought to be adjudicated by a proceeding in mandamus against the officials оf Pinellas County and the State Boаrd of Administration, because it has nоt been made to appear that there is any new or novel question herein sought to be raisеd or presented, nor does it аppear that there is any such question of public interest neсessarily involved, as will warrant this Court in assuming original jurisdiction with respect tо a matter which it appears' to us can be just as well adjudicated in the Circuit Court of Pinellas County without undue' prejudice to the rights of the relators.
The principles uрon which the Supreme Court acts in assuming original jurisdiction in mandamus cаses involving the enforcement of public securities were stated in Humphreys v. State,
ex rel.
Palm Beach Co.,
“* * * the power vested in the Supreme Court to assume *380 and exercisе original jurisdiction in mandamus casеs, * * * has been habitually exercised' by the Supreme Court only in those cases where it appeаred that there was involved somе grave question of general law, possibly controlling in other cаses of like character, and thereby necessitating an early decision in the interest of avоiding unnecessary litigation.”
There is nоthing before us in the present cаse to show that this case involves any, special or peсuliar question of law, an early dеcision of which will avoid unnecessary litigation in other cases whiсh would be controlled by force of the decision in this case, therefore the' alternative writ is denied, but without prejudice to leаve to withdraw the petition filed hеre in order that it may be filed in the Circuit Court.
Alternative writ denied without prejudice to apply to Circuit Court.
Davis, C. J., and Whitfield, Terrell and Buford, J. J., concur.