State Ex Rel. Hawthorne v. Wiseheart

TERRELL, J.;

On June 24, 1946, the Governor appointed N. Vernon Hawthorne to the office of Circuit Judge, Eleventh Judicial Circuit of Florida, the position at the time held by Marshall C. Wiseheart, under an appointment and commission dated June 4, 1943. Hawthorne promptly filed information in quo warranto challenging the title of Wiseheart to the- office. A demurrer to Wiseheart’s return to the information raises the sole question presented: the validity of Wiseheart’s title to the office, drawn in question.

The facts out of which the answer to this question must be deduced are these:…