State, Ex Rel. v. Wester, (1936)
Court: Supreme Court of Florida
Number:
Visitors: 15
Judges: PER CURIAM.
Attorneys: Wm. W. Flournoy, for Relators;
B.L. Solomon and Carter Pierce, for Respondents.
Filed: Oct. 30, 1936
Latest Update: Mar. 02, 2020
Summary: On October 7, 1936, W. Pooser as a candidate for the office of State Senator from the Fourth Senatorial District (Jackson County) and W. Pooser and C.W. Allen as citizens, residents, and taxpayers of Jackson County filed an information in quo warranto in this court in which they allege that the primary elections held in said county June 2nd and June 23rd were nullities, void, and ineffectual, and that each and all the nominations for the respective county offices made in said primary elections a
Summary: On October 7, 1936, W. Pooser as a candidate for the office of State Senator from the Fourth Senatorial District (Jackson County) and W. Pooser and C.W. Allen as citizens, residents, and taxpayers of Jackson County filed an information in quo warranto in this court in which they allege that the primary elections held in said county June 2nd and June 23rd were nullities, void, and ineffectual, and that each and all the nominations for the respective county offices made in said primary elections ar..
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In addition to the objection of laches, I think the relief sought should be denied because it is now too late to afford to defendant the right to have a trial of the issues of fact in this cause before a jury as the law contemplates to be herein demandable in a quo warranto case (even when first begun in the Supreme Court). But I do not think it is necessary, as a matter of law, to show that illegal votes cast actually did change the result of the election. If as a matter of fact enough illegal votes are actually cast to have changed the election, they are presumed to have been cast for that purpose
and the law will then throw the result out in its entirety for want of a better remedy, because it is impossible to separate the legal votes from the illegal votes. With the qualification stated above I concur in the opinion of Mr. Justice Terrell.
BUFORD, J., concurs.
ON PETITION FOR REHEARING
Source: CourtListener
