Gleason v. Florida
Supreme Court of the United States
Motion by Mr. Howe to dismiss a writ of error to the Supreme Court of Florida, which had been taken under the twenty-fifth section of the Judiciary Act; but which that counsel conceived-did not come within that act. The record showed an information, in the nature of a writ of quo warranto, in the Supreme Court of the State of Florida, in the name of the State, by the attorney-general of the'State, against William II.
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Motion by Mr. Howe to dismiss a writ of error to the Supreme Court of Florida, which had been taken under the twenty-fifth section of the Judiciary Act; but which that counsel conceived-did not come within that act. The record showed an information, in the nature of a writ of quo warranto, in the Supreme Court of the State of Florida, in the name of the State, by the attorney-general of the'State, against William II. Gleason, charging him with exercising the office of lieutenant governor in violation of the State constitution, and demanding an answer by what warrant or authority he claimed to…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
The court has considered the affidavit of the plaintiff in error, submitted by his counsel as evidence of the allowance of a writ of error in this case by one of the justices of this court; and without determining now whether, in any case, the affidavit of a party to the record can be used as evidence of that fact, we are obliged to say that the affidavit submitted to us has failed to satisfy us that such an allowance was in fact made. The affidavit states that three papers, namely, a petition for the writ of error, the form of a bond, and a…
2Cited by8 opinions
- Butler v. GageSupreme Court of the United States · 1891
- Felix v. ScharnweberSupreme Court of the United States · 1888
- State v. MitchellSupreme Court of Florida · 1892
- San Antonio & A. P. Ry. Co. v. BlairTexas Supreme Court · 1917
- San Antonio & Aransas Pass Railway Co. v. BlairTexas Supreme Court · 1917
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