STATE OF FLORIDA, EX REL. FRED H. DAVIS, ATTORNEY GENERAL, PLAINTIFF IN ERROR,
v.
W. L. CLARKE, DEFENDANT IN ERROR

Fla. | 1928-10-16
Whitfield, Terrell, Strum, Brown and Buford, J. J., concur.
96 Fla. 518 Florida Supreme Court (1928) Positive Treatment
Cited by 4 cases
Opinion of the Court
Per Curiam.

Per Curiam.

This case is before us on writ of error from a final judgment of the Circuit Court of Leon County, quashing the writ in the nature of quo warranto and dismissing the cause. The writ thus quashed had been issued on an information in the nature of quo warranto filed by the Attorney General, charging that the respondent, Clarke, was usurping the nomination of the Democratic party for the office of tax assessor of Leon county.

The judgment of the court below, quashing the writ and dismissing the cause, must be affirmed upon the authority of the case of ex parte, I. W. Smith, recently decided at the present term of this court.

Affirmed.

Whitfield, Terrell, Strum, Brown and Buford, J. J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Winter v. Mack, 142 Fla. 1 (Fla. 1940)
    …the proper remedy to test the right of a person to hold an office or franchise or exercise some right or privilege, the peculiar powers of which are derived from the State. See Ex parte Smith, 96 Fla. 512, 118 So. 306; State ex rel. Davis v. Clarke, 96 Fla. 518, 118 So. 308; State ex rel. Merrill v. Gerow, 79 Fla. 804, 85 So. 114; State ex rel. Moodie v. Bryan, 50 Fla. 293, 39 So. 929; Gentry-Futch Co. v. Gentry, 90 Fla. 595, 106 So. 473; McSween v. State Live Stock Sanitary Board, 97 Fla. 750, 122 So. 239…
  • Wagner v. Gray, 74 So. 2d 89 (Fla. 1954)
    …e various political parties participating in such primaries whose names should go on the official ballot to be voted for in the general election. In that case we further held that it was unknown to common law. See also State ex rel. Davis v. Clarke, 96 Fla. 518, 118 So. 308. The selection of nominees whose names are to be placed on the general election ballot is not provided for in the Constitution. Statutory provisions are the only authority for primary elections. In the case of Bowden v. Carter, Fla., 6…

Full citator, related cases, and AI research tools

Open in FLexlaw