County Commissioners v. State ex rel. Patton

Citations

• 24 Fla. 55

Syllabus

<p>1. The constitutionality of an act cannot be called in question by a party whose rights its enforcement does not affect.</p> <p>2. A statute which requires inspectors to canvass the votes of an election and “make due returns of the same to the County Commissioners of the countyin which the election was held,” imposes thereby upon such commissioners the duty of receiving and keeping the returns in their official custody, as records of the result of the election.</p> <p>3. Neither the constitutionality of such statute, nor the legality of the election held thereunder, can be considered or passed upon by the commissioners officially ; nor can the same’ be raised by them as grounds for not performing such duty, in a mandamus proceeding brought to compel its performance.</p> <p>4. A paper is filed when it is delivered to the proper officer and received by him to be kept in his official custody. The usual file marks are but one evidence of the filing.</p>