S. B. HOGAN, H. K. STILL, W. R. MINOR, BEING AND CONSTITUTING THE BOARD OF PUBLIC INSTRUCTION OF HARDEE COUNTY, FLORIDA, PLAINTIFFS IN ERROR,
v.
STATE OF FLORIDA EX REL. G. W. WILLIAMS, W. M. LOWE, J. M. HANCOCK, TRUSTEES OF GARDNER SPECIAL TAX SCHOOL DISTRICT, HARDEE COUNTY, AND H. C. KETRING, DEFENDANTS IN ERROR
Per Curiam.
This is 'a proceeding in mandamus. It is brought to this-court by writ of error. After return to the alternative writ had been made an attorney was appointed by order of the court to take the testimony of witnesses and report same to the court. Pursuant to-this order testimony was taken as if it were a chancery cause. There is no bill of exceptions in the record but the record contains what purports to be a copy of the evidence. The motion to strike the pages of the record containing this evidence should be granted. '
The motion to strike is granted.
Taylor, C. J., and Whitfield, Ellis, Browne and West, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
The State of Fla. ex rel. v. Daniel, 87 Fla. 270 (Fla. 1924)…sion of law. The Legislature cannot under our Constitution authorize any other person or authority to participate in selecting or to hamper the exercise, of executive judgment in making selections for appointments to office. See Westlake v. Merritt, 85 Fla. 27, 95 South. Rep. 662; State v. Washburn, 167 Mo. 680, 67 S. W. 592, 90 Am. St. Rep. 430; State ex rel. Harvey v. Wright, 251 Mo. 325, 158 S. W. 823, Ann. Cas. 1915-A 588; 12 C. J. 837. The provision of the statute that “such Board shall consist of n…
-
State v. R. A, 157 Fla. 229 (Fla. 1946)…4, we said: “The legislature cannot under our Constitution authorize any other person or authority to participate in selecting or to hamper the exercise of executive judgment in making selections for appointments to office. See Westlake v. Merritt, 85 Fla. 27, 95 South. Rep. 662; State v. Washburn 167 Mo. 680, 67 S.W. 592, 90 Am. St. Rep. 430; State ex rel. Harvey v. Wright, 251 Mo. 325, 158 S.W. 823, Ann. Cas. 1915-A 588; 12 C.J. 837.” We cannot refuse to see and adjudicate the question because the par…
-
Hogan v. State of Fla. ex rel. G. W. Williams, 86 Fla. 361 (Fla. 1923)…rtificate of said teacher would not expire before the end of the term of the Gardner school, referred to in the nomination. On motion .the pages of the transcript of the record containing the evidence were stricken. Hogan v. State ex rel. Williams, 85 Fla. 27, 95 South. Rep. 617. Trustees of special tax school districts are given power to nominate to county boards of public instruction teachers for all schools within such districts, but the county board of public instruction has the right to reject any…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence