State ex rel. Drew v. McLin
Supreme Court of Florida
Statement of the Case. The relator, on the 13th day of December, 1876, filed a petition praying that a writ of mandamus should issue against S. B. McLin, Secretary of State, C.- A. Cowgill, Comptroller, and W. A. Cocke, Attorney-General, composing the Board of State Canvassers, and entered a motion for an order that an alternative writ of mandamus issue in accordance with the prayer of the petition, and an order was made by the Court directing that an alternative writ issue…
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Statement of the Case. The relator, on the 13th day of December, 1876, filed a petition praying that a writ of mandamus should issue against S. B. McLin, Secretary of State, C.- A. Cowgill, Comptroller, and W. A. Cocke, Attorney-General, composing the Board of State Canvassers, and entered a motion for an order that an alternative writ of mandamus issue in accordance with the prayer of the petition, and an order was made by the Court directing that an alternative writ issue accordingly, returnable December 14th, 1876, at eleven o’clock, a. m., and thereupon the following writ was issued: The…
1Opinion of the CourtJustice Westcott
The view that the Board of State Canvassers is a tribunal having power strictly judicial, such as is involved in the determination of the legality of a particular vote or election, cannot be sustained. The Constitution of this State (Arti- . ele III., and Section 1 of Article VI.,) provides that “ the powers of the government of the State of Elorida shall be divided into three departments: Legislative, Executive and Judicial; and no person properly belonging to one of the departments shall exercise any functions appertaining to .either of the others, except in those cases expressly provided…
2Cases cited1 opinion
- State ex rel. Bloxham v. GibbsSupreme Court of Florida · 1869
3Cited by30 opinions
- State v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
- State Ex Rel. Dos Anigos, Inc. v. LehmanSupreme Court of Florida · 1930
- County Commissioners v. State ex rel. PattonSupreme Court of Florida · 1888
- State ex rel. Fleming v. CrawfordSupreme Court of Florida · 1891
- State ex rel. West v. Florida Coast Line Canal & Transportation Co.Supreme Court of Florida · 1917
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