Legal Opinion · Dissent

Osceola County v. State Ex Rel. Newton

Supreme Court of Florida

Decided May 23, 1934Published

1DissentEllis, J.

(dissenting).—Justices of the Peace are constitutional officers. They constitute part of the Judicial Department of this State. Sec. 1, Art. V, Constitution.

A constable is a constitutional county officer, and he is required to perform' such duties and under such regulations as may be prescribed by law. Sec. 23, Art. V, Constitution.

A Justice of the Peace has power to issue process for the arrest of all persons charged with felonies and misdemeanors not within his jurisdiction to try, and make the same returnable before himself or the County Judge for examination, discharge, commitment or bail…

2Cases cited3 opinions

  1. Myers v. State ex rel. ThompsonSupreme Court of Florida · 1921
  2. Tampa Water Works Co. v. State ex rel. City of TampaSupreme Court of Florida · 1919
  3. Simmons v. State ex rel. TewSupreme Court of Florida · 1916

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