114 Fla. 379 | Fla. | 1934
The principles upon which the Supreme Court acts in assuming original jurisdiction in mandamus cases 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 exercise original jurisdiction in mandamus cases, * * * has been habitually exercised by the Supreme Court only in those cases where it appeared that there was involved some grave question of general law, possibly controlling in other cases of like character, and thereby necessitating an early decision in the interest of avoiding unnecessary litigation."
There is nothing before us in the present case to show that this case involves any special or peculiar question of law, an early decision of which will avoid unnecessary litigation in other cases which would be controlled by force of the decision in this case, therefore the alternative writ is denied, but without prejudice to leave to withdraw the petition filed here 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.