Ex parte Ivey
Supreme Court of Florida
Application for injunction against the Board of State Canvassers. STATEMENT. The substance of the petition is, that petitioners and J. R. Newlan and W. B. High were candidates in Suwannee county for members of the House of Representatives, and that Ivey received 6oi votes, Harrell 613, Newlan 574, and High 579; and that the returns from precinct number two, forwarded to the Supervisor of Registration and County Judge, showed that Ivey received 90, and the said Harrell 102…
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Application for injunction against the Board of State Canvassers. STATEMENT. The substance of the petition is, that petitioners and J. R. Newlan and W. B. High were candidates in Suwannee county for members of the House of Representatives, and that Ivey received 6oi votes, Harrell 613, Newlan 574, and High 579; and that the returns from precinct number two, forwarded to the Supervisor of Registration and County Judge, showed that Ivey received 90, and the said Harrell 102 votes at that precinct, and their competitors, Newlan 34, and High 35 votes, but before the meeting of the County…
1Opinion of the CourtRaney, C. J.
The relief prayed against the Board of State Canvassers is preventive. It is not alleged that they have violated any duty imposed upon them by law; on the contrary, petitioners are advised and believe it will be the duty of the board to canvass the county returns unless we interfere and prevent them from doing so. If this is their duty they cannot be interfered with in canvassing unless the law has made it our duty to give them directions as to canvassing returns before they shall have canvassed, and had provided that it shall be their duty to follow such directions. The Constitution has…
2Cases cited6 opinions
- State ex rel. Bloxham v. GibbsSupreme Court of Florida · 1869
- State ex rel. McIlhany v. StewartSupreme Court of Missouri · 1862
- Ex Parte MirzanSupreme Court of the United States · 1887
- County Commissioners v. StateSupreme Court of Florida · 1888
- Sammis v. WightmanSupreme Court of Florida · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. StannardOregon Supreme Court · 1917
- State Ex Rel. Harrington v. City of Daytona BeachSupreme Court of Florida · 1935
- State Ex Rel. Renaldi v. SandstromDistrict Court of Appeal of Florida · 1973
- State Ex Rel. Edwards v. TippettSupreme Court of Florida · 1931
- State ex rel. Catts v. CrawfordSupreme Court of Florida · 1916
2 more not listed; retrieve them via the Exa API.