Town of Enterprise v. State ex rel. Attorney-General
Supreme Court of Florida
Writ of Error to the Circuit Court for Volusia county. STATEMENT. This is a proceeding by information in the nature of a quo warranto instituted in behalf of the State of Florida by the Attorney-General, in the Seventh Judicial Circuit, for Volusia county.
Read the full summary
Writ of Error to the Circuit Court for Volusia county. STATEMENT. This is a proceeding by information in the nature of a quo warranto instituted in behalf of the State of Florida by the Attorney-General, in the Seventh Judicial Circuit, for Volusia county. The information states that T. B. Biddulph,” S. S. Bennett, S. A. Donald, Andrew Harold, William James and George H. Count — the said Biddulph as mayor, and the said Bennett, Donald, Harold, James and Count as aldermen, and others, have usurped, and still do usurp, to be a corporation under the corporate name of the town of Enterprise, in…
1Opinion of the Court
Mabry, J.:
Counsel for plaintiffs in error makes no claim in his brief that the circuit court had no jurisdiction of the quo warranto proceedings.
The Constitution of 1885 (Sec. 11, Article Y), provides that “the circuit courts and judges shall have-power to issue writs of mandamus,' injunction, quo warranto, certiorari, prohibition, habeas corptis, and all writs proper and necessary to the complete exercise of their jurisdiction.” Under this provision of the Constitution there is no doubt about the jurisdiction of the circuit court in proceedings by information in the nature of quo warranto.
Was…
2Cases cited17 opinions
- Ex-Parte WellsSupreme Court of Florida · 1885
- Ex parte PritzSupreme Court of Iowa · 1859
- McConihe v. State, ex rel. McMurraySupreme Court of Florida · 1879
- State ex rel. Hoya v. DunsonTexas Supreme Court · 1888
- Town of McGregor v. BayliesSupreme Court of Iowa · 1865
12 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- State of Florida Ex Rel. Davis v. City of StuartSupreme Court of Florida · 1929
- State ex rel. Lamar v. DillonSupreme Court of Florida · 1893
- State Ex Rel. Johnson v. City of SarasotaSupreme Court of Florida · 1926
- West v. Town of Lake PlacidSupreme Court of Florida · 1929
- State Ex Rel. Attorney General v. City of Avon ParkSupreme Court of Florida · 1933
49 more not listed; retrieve them via the Exa API.