State Ex Rel. Watkins v. Fernandez, (1932)
Court: Supreme Court of Florida
Number:
Visitors: 18
Judges: TERRELL, J. —
Attorneys: Zewadski Pierce and J. Tom Watson, for Relator;
Henry E. Williams, for Respondent.
Filed: Sep. 27, 1932
Latest Update: Mar. 02, 2020
Summary: This is an original proceeding in quo warranto to test the right of the respondent, J. M. Fernandez, to exercise the functions, privileges, and title vested in him as nominee of the democratic party to the office of Constable for the third justice of the peace district of Hillsborough County. The cause is considered at this time on a motion to quash the information which raises the sole question of whether or not a nomination to office in this state can be tested by quo warranto. It appears that
Summary: This is an original proceeding in quo warranto to test the right of the respondent, J. M. Fernandez, to exercise the functions, privileges, and title vested in him as nominee of the democratic party to the office of Constable for the third justice of the peace district of Hillsborough County. The cause is considered at this time on a motion to quash the information which raises the sole question of whether or not a nomination to office in this state can be tested by quo warranto. It appears that ..
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It is not a question of the applicability of the remedy of Quo Warranto but whether such action was necessary in view of the statutory remedy invoked by Relator. Sec. 444 C. G. L. The maxim "nemo debit vis vexari pro una; et eadem causa" is applicable. The relator may obtain the same reasons upon the same evidence against this same party in the statutory proceeding which he began as he could obtain by Quo Warranto. I think therefore that the motion to quash should be granted.
Source: CourtListener
