Buckman v. State ex rel. Spencer

Citations

• 34 Fla. 48

Syllabus

<p>1. The plea of non usurpavtt is not a proper plea in a proceeding by information in the nature of a quo ivarranto on the relation of a private person upon the refusal of the Attorney-General to institute the suit.</p> <p>2. The Circuit Courts of this State have jurisdiction to enquire by informations in the nature of a quo warranto into the legality of the election of a person to the office of mayor of a city or town organized under the general laws of this State for the incorporation of such municipalities, and the city or town council has no power by any action it may take in reference to such an election to deprive the courts of their jurisdiction over such matters.</p> <p>3. The right of trial by jury on issues purely of fact arising in proceedings by information in the nature of quo warranto is guaranteed by the third section of the Bill of Rights of our Constitution, which provides that the right of trial by jury shall be secured to all and remain inviolate forever.</p>