State ex rel. Smith v. Anderson
Supreme Court of Florida
This is a case of original jurisdiction. STATEMENT. The following parts of the information, with the statements in the opinion, are sufficient for a full understanding of the decision.
Read the full summary
This is a case of original jurisdiction. STATEMENT. The following parts of the information, with the statements in the opinion, are sufficient for a full understanding of the decision. That-at the election one hundred and sixty-five votes were cast for the office of alderman, and three aldermen were to be elected, and the relator, George H. Count, James H. L. Slayton, James E. Anderson, William E. Ballough and Robert Anderson were candidates for the offices of aldermen, and Smith, Slayton and Count each received a majority of the votes for the same, the number of votes cast for aldermen being…
1Opinion of the Court
Raney, C. J.:
The defendant has moved to quash the “ information and proceedings ” herein on twenty-six grounds. We shall give our views on such of them as seem to merit any notice.
I. This court decided in 1868, in the case of State ex rel. vs. Gleason, 12 Fla., 190, that the grant of power to issue a writ of quo warranto embraces and includes the proceeding by information in the nature of a quo zvarranto, the latter being civil in its essential incidents, and having in view the same object. There .is nothing in our jurisdiction as defined by the presest Constitution that renders the above…
2Cases cited20 opinions
- State v. GleasonSupreme Court of Florida · 1868
- Haldeman v. United StatesSupreme Court of the United States · 1876
- State ex rel. Attorney General v. VailSupreme Court of Missouri · 1873
- People Ex Rel. Hatzel v. . HallNew York Court of Appeals · 1880
- Wooten v. StateSupreme Court of Florida · 1888
15 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- State v. BryanSupreme Court of Florida · 1905
- State ex rel. Lamar v. DillonSupreme Court of Florida · 1893
- Stackpole v. HallahanMontana Supreme Court · 1895
- State Ex Rel. Landis v. S. H. Kress & Co.Supreme Court of Florida · 1934
- Jarman v. MasonSupreme Court of Oklahoma · 1924
25 more not listed; retrieve them via the Exa API.