Legal Opinion

Markert v. Sumter County

Supreme Court of Florida

Decided June 15, 1910PublishedCited by 8 opinions

This case was decided by Division A. Appealed from the Circuit Court for Sumter County. The facts in the case are stated in the opinion of the court.

1Opinion of the Court

Whitfield, O. J.

A bill in equity brought to test the validity and regularity of a statutory election to determine whether the county seat of Sumter county shall be moved from its present location was dismissed on demurrer and the complainants appealed. Ho specific equity independent of the election is alleged.

The jurisdiction of courts having general equity powers does not include mere election contests of any kind unless so provided expressly or impliedly by organic or statute laws. See 15 Cyc., 397; Moulton v. Reid, 54 Ala., 320; Jennings v. Joyce, 116 Ill., 179, 5 N. E. Rep., 534; Hamilton…

2Cases cited12 opinions

  1. Dickey v. ReedIllinois Supreme Court · 1875
  2. People ex rel. Wheaton v. WiantIllinois Supreme Court · 1868
  3. Moulton v. ReidSupreme Court of Alabama · 1875
  4. Boren v. SmithIllinois Supreme Court · 1868
  5. Gibson v. Board of SupervisorsCalifornia Supreme Court · 1889

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

3Cited by8 opinions

  1. Joughin v. Parks, JudgeSupreme Court of Florida · 1932
  2. Orchard v. Board of Com'rs of Sierra CountyNew Mexico Supreme Court · 1938
  3. Gabbard v. RobertsCourt of Appeals of Kentucky (pre-1976) · 1927
  4. Cundiff v. JeterSupreme Court of Virginia · 1939
  5. Harries v. McCreaUtah Supreme Court · 1923

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

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