Markert v. Sumter County
Citations
- 60 Fla. 328
Syllabus
<p>1. The jurisdiction of courts having general equity powers does not include mere election contests of any kind unless so provided expressly or impliedly by organic or statute laws.</p> <p>2. The method of determining a question of the removal of a county seat being left to the legislature there is no constitutional implication or necessity for the extension of equity jurisdiction to contests arising from the legislative method of fixing the location.</p> <p>3. The constitution and statutes afford no authority express or implied for extending the jurisdiction of courts of equity to contests arising out of statutory county site elections. If it is clearly made to appear that a plain legal duty has been violated, there is adequate remedy at law.</p>
Judges: Cockrell, Hocker, Parkfiill, Shackleford, Taylor, Whitfield
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