State ex rel. Perry v. Horne

This mandamus proceeding is brought to determine whether a -Circuit Judge has jurisdiction to act in lieu of a disqualified County Judge in requiring executors of the wills of deceased persons to perform their duties as such executors. In this case the Circuit Judge declined to act in lieu of a disqualified County Judge in his Circuit, on the ground that the Circuit Judge “had no jurisdiction of said matter on account of the reason that Section 3346, Eevised General Statutes of Florida, 1920, is unconstitutional, and in contravention of Sections 11 and 17, of Article 5 of the Constitution of…