67 Fla. 458 | Fla. | 1914
(after stating the facts). — It is obvious that we were of the opinion that the relators made a prima facie showing in their petition, else we would not have ordered the issuance of the alternative writ. When the Seaboard Air Line Railway, one of the respondents, tested the sufficiency of the writ by a demurrer, upon the hearing thereof, after due consideration, aided by the arguments of the counsel for the respective parties, we held that the writ was not open to the attack so made upon it. State v. Atlantic Coast Line R. R. Co., 63 South. Rep. 729. We shall not repeat what was there said. In substance we held that, if the allegations in the writ were true, the relators were entitled to the relief sought. The respondent has filed its return to the writ in which it seeks to justify the course it has pursued, the sufficiency of which is now called in question by the demurrer interposed by the relators. Reading the writ and the return together, it appears that the material allegations in the writ are admitted to be true by the respondent. In other words, as we said upon the former hearing, “It plainly appears that the respondent had ample opportunity afforded it of raising these defensive matters at the hearing before the Railroad Commissioners.” It now further appears that they were so raised
A paper, entitled “Bill of Intervention,” has been presented to us by counsel on behalf of the City of Bartow. It is sufficient to say that the City of Bartow has no locus standi in this proceeding. We have no statute authorizing it, and, as is stated in High’s Extraordinary Remedies (3rd ed.) Section 450-a, “The Right of third persons not parties to the action to interplead in proceedings in mandamus rests wholly upon statute, no such rights existing at common law.”
The Atlantic Coast Line Railroad Company, the other respondent, filed its answer to the writ, which, after admitting the material allegations therein, contains the following:
“11. Answering the eleventh paragraph, this Respondent, Atlantic Coast Line Railroad Company, respectfully says that while there has been a failure on its part to submit to the Railroad Commissioners- of the State of Florida plans for said joint, station building, sheds,, platforms
WHEREFORE this respondent says that insofar as Atlantic Coast Line Railroad Company is concerned, it is not opposing the Order of.the Florida Railroad Commissioners mentioned, but submits that until the Seaboard Air Line Railway announces itself in a position to join this defendant in the preparation of plans for the construction of these facilities, to be erected at the joint expense of both, this Respondent is not legally in default.”
A peremptory writ will issue against the two respondents. The costs of this proceeding will be taxed against the Seaboard Air Line Railway.