Alachua County Clerk of the Court Seal Alachua County Clerk of the Court
J.K. "Jess" Irby, Esq. - Clerk of the Court
Ancient Records
Judgment Docket 8
Previous Page
Book Cover
Page 525 Image
Ancient Records
Next Page
Judgment Docket 8 Page 525
                            In the Circuit Court of Florida Fifth Judicial
                            Circuit In and for Alachua County
The state of Florida Ex Rel             }
A.K. Wade                               }
           vs                           } Mandamus
J.D. Matheson et al as County County    }
Commissioners in and for Alachua County }
Florida                                 }
                    This cause coming on to be further heard upon motion of
the defendants to quash the alternative writ and the same having been argued
by counsel for respective parties and the Court being advised in the premises
thereupon upon consideration hereof it is ordered and adjudged that the said
motion be and the same is herein and hereby granted, and the said alternative
writ is herein and hereby quashed. And upon Application of the plaintiff then
and there made it is ordered and adjudged that the plaintiff be allowed to
amend the petition and alternative writ in said cause in the following
particulars, to wit: That is to say that the said petition be amended by styling
the same in the name of "The State of Florida at the relation of A.K. Wade"
2nd. That the said petition in the mandatory clause thereof, beginning at the top
of page 3 be so amended as to read as follows, to wit: "Your Petitioner therefore prays
that an alternative writ of mandamus may issue at once to the members
of the Board of County Commissioners in and for Alachua County, Florida, to wit
J.D. Matheson T.R. Kennedy C.D. Wood L.R. Thomas and W.M. Blitch requiring
them as such Board of County Commissioners as aforesaid at a certain date
to make answer to this petition and to show cause, if they can, why a
peremptory writ of mandamus should not be issued against them
requiring them to build and maintain a suitable draw, or other proper
and necessary appliances so as to be able to remove such obstruction or to
turn a sufficient section thereof as to allow boats or other water craft to
pass said bridge across said Cross Creek without delay or hindrance."
And that the said Alternative writ be amended as follows, to wit:
1st That the same may be styled in the name of "The State of Florida"
2nd By directing said writ to J.D. Matheson, T.R. Kennedy C.D. Wood L.R. Thomas
and W.M. Blitch as County Commissioners in and for Alachua County Florida
3rd That the mandatory clause thereof be so amended as to read as follows:
"You are therefore required to show cause before the Honorable Judge of the
the Circuit Court of the 5th Judicial Circuit at Brooksville Florida on the
12th day of January 1897, if any you can why a peremptory writ of mandamus
should not issue in this cause, requiring you as such County Commissioners
as aforesaid to build and maintain a suitable draw or other proper
and necessary appliances so as to remove such obstruction or to turn
a sufficient section thereof as to allow boats and other water craft to
pass such bridge across said Cross Creek without delay or hindrance
4th So that said writ may follow said petition so as to read in the name
of the State of Florida at the relation of A.K. Wade.
And it is further ordered adjudged and Directed that the plaintiff
do serve copies of said amendments upon the defendants in this cause
Transcribed by Charlotte Vallellanes 28 February 2015
Previous Page
Book Cover
Page 525 Image
Ancient Records
Next Page