Ex parte Bailey
Supreme Court of Florida
Writ of Error to the Circuit Court for Nassau county. STATEMENT. Chapter 4ñ47 laws approved May 18th, 1897, provides, in section one, that the Governor shall appoint one official sampler of phosphate at each port in- the State of Florida where phosphates are or may be shipped, who should hold office for four years, subject to removal by the Governor for good cause shown, and requiring of them a bond in the sum of ten thousand dollars for the faithful discharge of their…
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Writ of Error to the Circuit Court for Nassau county. STATEMENT. Chapter 4ñ47 laws approved May 18th, 1897, provides, in section one, that the Governor shall appoint one official sampler of phosphate at each port in- the State of Florida where phosphates are or may be shipped, who should hold office for four years, subject to removal by the Governor for good cause shown, and requiring of them a bond in the sum of ten thousand dollars for the faithful discharge of their duties. Section two of said act provides that it shall be the duty of such official samplers to sample all phosphates…
1Opinion of the Court
Taylor, C. J.:
The errors assigned are: That the j udgment is contrary to, and not supported by, the evidence. That the court erred in remanding the petitioner to custody, and in holding that he was lawfully in custody.
It is practically admitted here in the briefs of counsel for the plaintiff in error that if the said Chapcer 4547, laws of 1897, is not obnoxious to the Constitution of the United States and of the State of Florida, that then, under the facts, the plaintiff in error has been properly committed and is rightfully held in custody. But they contend that he is illegally held because…
2Cases cited2 opinions
- County Commissioners v. State ex rel. PattonSupreme Court of Florida · 1888
- Ex-parte HaysSupreme Court of Florida · 1889
3Cited by58 opinions
- Carawan v. StateSupreme Court of Florida · 1987
- Perkins v. StateSupreme Court of Florida · 1991
- Harper v. GallowaySupreme Court of Florida · 1909
- State v. WershowSupreme Court of Florida · 1977
- Ex parte AmosSupreme Court of Florida · 1927
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