Legal Opinion

State ex rel. Attorney-General v. Philips

Supreme Court of Florida

Decided June 15, 1892PublishedCited by 15 opinions

This is a case of original jurisdiction. STATEM ENT. The proceeding here is in quo toarranlo on the information of the Attorney-General hied in this court on the 6th day of July, A. I). 1892, on behalf of the people of the State of Florida, and against A. R. Philips.

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This is a case of original jurisdiction. STATEM ENT. The proceeding here is in quo toarranlo on the information of the Attorney-General hied in this court on the 6th day of July, A. I). 1892, on behalf of the people of the State of Florida, and against A. R. Philips. It is alleged in the information that A. B. Philips, for the space of thirteen days last passed, had used, enjoyed, exercised and performed, and still does use, enjoy, exercise and perform, without warrant or authority, in violation of the charter of the city of St. Augustine and the statutes of the State of Florida, the…

1Opinion of the Court

Mabry, J. :

The motion for judgment of ouster will be treated in this case as a demurrer to the plea, or to the answer, as it is called in the pleadings. It will be noted that this is a proceeding in behalf of the people of the State, by the Attorney-General, and the information, in *587substance, alleges usurpation of the office of Municipal .judge of the city of St. Augustine by the respondent, A. B. Philips. It is alleged that said A. B. Philips for thirteen days last past before the filing of the information had used, enjoyed, exercised and performed, and still does use, enjoy, exercise and…

2Cases cited4 opinions

  1. Town of Enterprise v. State ex rel. Attorney-GeneralSupreme Court of Florida · 1892
  2. Clark v. People ex rel. CraneIllinois Supreme Court · 1853
  3. State ex rel. Law v. SaxonSupreme Court of Florida · 1889
  4. People ex rel. Larke v. CrawfordMichigan Supreme Court · 1873

3Cited by15 opinions

  1. State v. BryanSupreme Court of Florida · 1905
  2. Simonton v. State ex rel. TurmanSupreme Court of Florida · 1902
  3. People ex rel. Lynch v. BuddCalifornia Supreme Court · 1896
  4. State ex rel. Fish v. HowellWashington Supreme Court · 1910
  5. People Ex Rel. Murphy v. ColCalifornia Supreme Court · 1901

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