H. W. Metcalf Co. v. County of Orange

Citations

• 56 Fla. 829

Syllabus

<p>1. Article XIX of the constitution provides that local option elections shall be conducted in the manner prescribed by law for holding general elections, and laws relating to such elections should conform to the constitution.</p> <p>2. The ballot used in local option elections should conform as near as practicable to the form used in general elections.</p> <p>3. Proceedings to test the legality and regularity of local option eléctions are under the statute by bill in equity filed for that purpose.</p> <p>- 4. Allegations that the county commissioners wrongfully rejected and refused to count the vote as legally polled in a given precinct should be supported by allegations of facts to show a wrongful act causing the opposite results.</p> <p>¿. Allegations that certain named persons were duly registered voters, but were illegally not allowed to vote because they had not paid their poll taxes when none was due by them, are not sufficient to show illegal action in the absence of an allegation that the certificate required by the statute was produced to the precinct inspectors showing the persons were legally not required to pay a poll tax.</p> <p>6. The effect of a demurrer is to admit the truth of all the facts that sufficiently appear by the bill of complaint, and to assert that in the particulars stated in the demurrer, the bill is insufficient to show a cause of action. While all facts necessary to be proven should be alleged it is sufficient if the ultimate facts be stated without details or the circumstances that are comprised within or that go to prove the ultimate facts.</p> <p>7. Allegations of mere conclusions of law are not traversable, need not be alleged, and if alleged may be treated as surplusage, and they are not admitted by a demurrer, for the law is to be ascertained by the court. But all facts sufficiently alleged and the conclusions necessarily resulting from facts stated, are admitted by the demurrer. ,</p> <p>8. Particular allegations of a bill o