State ex rel. Fleming v. Crawford
Supreme Court of Florida
This is a case of original jurisdiction. STATEMENT. The alternative writ, the declaration in causes of this-character, states in substance that on the 22d day of September, of the present year, the relator, Francis P. Fleming, the Governor of this State, he having ascertained and determined that a vacancy existed in the office of United States Senator from this State, did, in exercise of the power conferred upon him by law, proceed to appoint Robert H. M. Davidson, a citizen…
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This is a case of original jurisdiction. STATEMENT. The alternative writ, the declaration in causes of this-character, states in substance that on the 22d day of September, of the present year, the relator, Francis P. Fleming, the Governor of this State, he having ascertained and determined that a vacancy existed in the office of United States Senator from this State, did, in exercise of the power conferred upon him by law, proceed to appoint Robert H. M. Davidson, a citizen of the State, having all the legal qualifications for such office, to be United States Senator from Florida, to fill…
1Opinion of the Court
Raney, C. J.:
That the writ of mandamus lies to require the performance of a clear official duty, not involving discretion, by any one of the “ administrative officers of the executive department ” of this State, (secs. 5, 17, 20, 28 of Art. IV, Constitution of 1885,) is a settled proposition of law in Florida, Towle vs. State ex rel. Fisher, 3 Fla., 202; State ex rel. Weeks vs. Gamble, 13 Fla., 9; State ex rel. Bloxham vs. Board of State Canvassers, 13 Fla., 55; State ex rel. Drew vs. Board of State Canvassers, 16 Fla., 17; State ex rel. Bisbee vs. Board of State Canvassers, 17 Fla., 29;…
2Cases cited37 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
- United States v. SchurzSupreme Court of the United States · 1880
- Butterworth v. United States Ex Rel. HoeSupreme Court of the United States · 1884
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3Cited by35 opinions
- State ex rel. Triay v. BurrSupreme Court of Florida · 1920
- Norris v. Cross, Secretary of StateSupreme Court of Oklahoma · 1909
- State Ex Rel. Haskell v. HustonSupreme Court of Oklahoma · 1908
- Florida Central & Peninsular Railroad v. State ex rel. MayorSupreme Court of Florida · 1893
- State ex rel. Attorney-General v. JohnsonSupreme Court of Florida · 1892
30 more not listed; retrieve them via the Exa API.