State ex rel. Weeks v. Gamble
Supreme Court of Florida
Mandamus to the Comptroller of tlie State of Florida. On the 24th of January, A. D. 1870, there being a vacantej in the office of Lieutenant Governor of the State ofFlorida, the Governor of said State appointed and commissioned Edmund C. Weeks, the petitioner, as such Lieutenant Governor, who accepted, qualified and discharged the duties of said office for the first quarter of the year 1870. On the 7th of June, 1870, the petitioner made his requisition upon the Comptroller…
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Mandamus to the Comptroller of tlie State of Florida. On the 24th of January, A. D. 1870, there being a vacantej in the office of Lieutenant Governor of the State ofFlorida, the Governor of said State appointed and commissioned Edmund C. Weeks, the petitioner, as such Lieutenant Governor, who accepted, qualified and discharged the duties of said office for the first quarter of the year 1870. On the 7th of June, 1870, the petitioner made his requisition upon the Comptroller for his salary for the time stated. The Comptroller, denying that there was any power in the Governor of the State to…
1Opinion of the CourtWestcott, J.
The principal question involved in this case is the extent of the power of the Governor under Sec. 7, Art. V, of the Constitution. This section is as follows :
“ When any office, from any cause, shall become vacant, .and no mode is provided by this Constitution or by the laws of the State for filling such vacancy, the Governor shall have the power to fill such vacancy by granting a commission, which shall expire at the next election.”
It is evident that the first thing to be considered in the ■construction of this sentence is, at what period of time the *14vacancy therein mentioned commences, and…
2Cases cited17 opinions
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- Decatur v. PauldingSupreme Court of the United States · 1840
- Reeside v. WalkerSupreme Court of the United States · 1851
- Page v. HardinCourt of Appeals of Kentucky · 1848
- People v. TiltonCalifornia Supreme Court · 1869
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3Cited by24 opinions
- Gray v. BryantSupreme Court of Florida · 1960
- Hampton v. State Board of EducationSupreme Court of Florida · 1925
- State ex rel. Fleming v. CrawfordSupreme Court of Florida · 1891
- Pepple v. RogersSupreme Court of Florida · 1932
- State ex rel. McQuaid v. County CommissionersSupreme Court of Florida · 1887
19 more not listed; retrieve them via the Exa API.