Judges: CHAPMAN, J.
Attorneys: George Couper Gibbs, Attorney General, and Tyrus A. Norwood,
Assistant Attorney General, for Relator;
B.K. Roberts, for Respondent Grice;
Mathis, Mathis Mathis, for Respondent Lunsford.
Filed: Dec. 08, 1939
Latest Update: Mar. 02, 2020
Summary: This is a case of original jurisdiction. The State of Florida, upon the relation of George Couper Gibbs, Attorney General of Florida, filed in this Court a petition for writ of quo warranto against N.B. Lunsford and W.R. Grice, who are, it is made to appear, usurping the duties of Constable of the Justice of the Peace District *Page 14 No. 1, in and for Bay County, State of Florida. The writ of quo warranto issued and was served on the respondents, N.B. Lunsford and W.R. Grice, and each filed an
Summary: This is a case of original jurisdiction. The State of Florida, upon the relation of George Couper Gibbs, Attorney General of Florida, filed in this Court a petition for writ of quo warranto against N.B. Lunsford and W.R. Grice, who are, it is made to appear, usurping the duties of Constable of the Justice of the Peace District *Page 14 No. 1, in and for Bay County, State of Florida. The writ of quo warranto issued and was served on the respondents, N.B. Lunsford and W.R. Grice, and each filed ans..
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The theory underlying the rule that a resignation by one holding a public office is not effective until accepted by a superior officer who has the power to accept it, is that an officer cannot divest himself of responsibility to continue to carry his official burden and to perform the duties of his office by merely tendering his resignation; that in such a case, the resignation is not effective unless and until it is accepted. But in this case there was no burden of public duty resting upon Caswell. He had been suspended from office by the Governor. On November 7th, he resigned, such resignation to take effect as of that date. I think this resignation was effective without acceptance, but on November 9th the Governor accepted the resignation as written. Therefore, the Governor's acceptance should be held to relate back to the date of the resignation, thus making the election of Grice on November 8th entirely legal. And evidently so believing, the Governor issued the commission to Grice. I think the commission is valid.
