Markey v. State
Supreme Court of Florida
This case was decided by the court Bn Banc. Writ of error to the Circuit Court for Hamilton county. The facts in the case are stated in the opinion of the court.
1Dissent
Hocker, J.,
dissenting. — The order of the judge appointing E. P. Smith to take the testimony of complainant and other witnesses, introduced in evidence by the. State, does not appoint Smith to any office known to the law. He is neither appointed master in chancery or examiner. As an individual, simply, he is directed to take the testimony. The order of appointment of an examiner or master is the commission under which such officers exercise statutory authority. Bonner v. McPhail, 31 Barb. (N. Y.) 106; Stone v. Merrill, 43 Wis. 72.
In my opinion examiners and masters are officials created by…
2Cases cited12 opinions
- Harding v. WheatonSupreme Court of the United States · 1826
- Dean v. EmersonMassachusetts Supreme Judicial Court · 1869
- State ex rel. Robert v. MurphySupreme Court of Florida · 1893
- State ex rel. Ross v. CallSupreme Court of Florida · 1897
- Craft v. StateSupreme Court of Florida · 1900
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