State v. Hill, (1934)
Court: Supreme Court of Florida
Number:
Visitors: 4
Judges: PER CURIAM. —
Attorneys: Cary D. Landis, Attorney General, for Relator;
D. Stuart Gillis, for Respondents.
Filed: Oct. 12, 1934
Latest Update: Mar. 02, 2020
Summary: This is one of those cases in which the Attorney General permitted his name to be used as petitioner with the understanding that his office would in nowise be responsible for the conduct of the case in this Court or elsewhere. The crux of the case is that an election was called to be held, and was held, in DeFuniak Springs, Florida, wherein four city councilmen were to be elected for a full term of two years and two city councilmen were to be elected for the unexpired terms of two councilmen who
Summary: This is one of those cases in which the Attorney General permitted his name to be used as petitioner with the understanding that his office would in nowise be responsible for the conduct of the case in this Court or elsewhere. The crux of the case is that an election was called to be held, and was held, in DeFuniak Springs, Florida, wherein four city councilmen were to be elected for a full term of two years and two city councilmen were to be elected for the unexpired terms of two councilmen who ..
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I think the form of ballot was illegal, but that the remedy for it was mandamus to compel the preparation and submission of a legal ballot before the election was held. The election having been already held before any question was raised about it, or the declaration of its result based on the only practical way of declaring such result, I think the persons declared elected have sufficient title to the offices to withstand quo warranto.
WHITFIELD and BROWN, J. J., concur.
Source: CourtListener
