Florida Reports Volume 50

Florida Reports Volume 50

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...is sustained State ex rel. Atty. General v. Bryan et al.--Opinion of Court. to render a decision upon the merits of the case, and for the further reason that an examination of these points has led to an investigation of the entire case presented by the record, and as it has been argued by counsel, and we have reached a conclusion thereon, therefore we have decided to dispose of the case on its merits, with only a brief reference to these preliminary matters. Jacksonville Electric Light Co. v. City of Jacksonville, 36 Fla. 229, text 262, 18 South. Rep. 677, S. C. 51 Am. St. Rep. 24, 30 L. R. A. 540. As we said in our Advisory Opinion to the Governor, 49 Fla. 269, 39 South. Rep. 63, text 64, "The duties to be performed by such board (the State Board of Control) are important and essentially governmental in character. The oflice is continuous and permanent, and remains to be filled, though the incumbents may die or resign." It necessarily follows, then, as was said by this court, speaking through Mr. Justice WESTCOTT, in the very able and exhaustive opinion rendered by him in State v. Gleason, 12 Fla. 190, text 224 et seq.: "An information in the nature of a quo warranto may be filed at the discretion of the Attorney General in a case of this character. The proper process-issues on demand of the proper oflicer of the State, as a matter of course, and there is no more necessity for an application to this court for this writ than there would be for a summons in a Circuit Court when the State i about to commence an action of debt against one of her debtors. No reasons are offered why the writ should issue, no information is communicated by aflidavit or otherwise, and there is no power in this court to refuse issuing the writ....
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Product details

  • Paperback | 202 pages
  • 189 x 246 x 11mm | 372g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236812433
  • 9781236812438