Legal Opinion

State ex rel. West v. Butler

Supreme Court of Florida

Decided July 9, 1915PublishedCited by 57 opinions

This is an original proceeding in Quo Warranto. Judgment of ouster entered. Cockrell and Ellis, JJ., dissent. Statement. The following is the information filed herein: “In the Supreme Court of the State of Florida.

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This is an original proceeding in Quo Warranto. Judgment of ouster entered. Cockrell and Ellis, JJ., dissent. Statement. The following is the information filed herein: “In the Supreme Court of the State of Florida. In the name and by the authority of the State of Florida, Thomas F. West, as the Attorney General of the State of Florida, who sues for the State of Florida and for the people of the State of Florida in this behalf, comes here before the Supreme Court of the State of Florida, on this 14th day of June, during the June Term of said court in the year 1915, and while said court is…

1Opinion of the Court

Whitfield, J.,

(after stating the facts.) Quo warranto proceedings are brought in this court th determine whether the Honorable J. Turner Butler is lawfully Judge of the Twelfth Judicial Circuit to which office he was appointed under a statute set out in the statement which is alleged to have been enacted over the Governor’s veto.

*120It is contended that this statute is invalid because the bill having been vetoed by the Governor, one house of the Legislature voted to sustain the veto and then waived its rules by a two-thirds vote and reconsidered the vote sustaining the veto, after which under a…

2Cases cited66 opinions

  1. Dred Scott v. SandfordSupreme Court of the United States · 1857
  2. South Carolina v. United StatesSupreme Court of the United States · 1905
  3. McPherson v. BlackerSupreme Court of the United States · 1892
  4. Cooper Manufacturing Co. v. FergusonSupreme Court of the United States · 1885
  5. State v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908

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3Cited by57 opinions

  1. Eisner v. MacOmberSupreme Court of the United States · 1920
  2. Amos v. MathewsSupreme Court of Florida · 1930
  3. Gray v. BryantSupreme Court of Florida · 1960
  4. State of Florida v. SullivanSupreme Court of Florida · 1928
  5. Attorney General v. City of MethuenMassachusetts Supreme Judicial Court · 1921

52 more not listed; retrieve them via the Exa API.

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