Winter v. Mack, (1940)
Court: Supreme Court of Florida
Number:
Visitors: 7
Judges: CHAPMAN, J.
Attorneys: Elmore Cohen, for Petitioner;
Coe Rankin, for Respondent.
Filed: Feb. 23, 1940
Latest Update: Mar. 02, 2020
Summary: On petition for writ of certiorari it is contended in this Court that the Circuit Court of Palm Beach County erred in entering an order overruling and denying a motion to dismiss a bill of complaint on the ground that the same was without equity. The lower court by appropriate order restrained Henry C. Winter, as harbormaster for the port of Palm Beach from levying and collecting fees against the motor vessel "Paddie Halferty," and this order likewise is assigned as error. Paragraph IV of the bi
Summary: On petition for writ of certiorari it is contended in this Court that the Circuit Court of Palm Beach County erred in entering an order overruling and denying a motion to dismiss a bill of complaint on the ground that the same was without equity. The lower court by appropriate order restrained Henry C. Winter, as harbormaster for the port of Palm Beach from levying and collecting fees against the motor vessel "Paddie Halferty," and this order likewise is assigned as error. Paragraph IV of the bil..
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Where, as in this case, the Governor is by statute authorized to appoint harbormasters for ports of Florida into which have come during previous years a stated number of vessels of stated ton burdens or more, and the Governor appoints and commissions a harbormaster for a Florida port and such appointee has exercised the official duties and functions of harbormaster at such port, it must be assumed that the Governor appointed the harbormaster in such port after determining that he had authority to do so under the law, and such person so appointed and commissioned be regarded as having prima facie the right to exercise the duties and functions of harbormaster as contemplated by the law and by the commission issued to him by the Governor, and such duties and functions so performed should be recognized as being prima facie valid until the contrary is duly established in proceedings
brought by the Attorney General, there being no one claiming to have a conflicting appointment and commission by the Governor.
Source: CourtListener
