State ex rel. Fleming v. Crawford
Citations
- 28 Fla. 441
Syllabus
<p>1. Tlie performance of a clear ministerial duty may be required of tlie Secretary of State by mandamus.</p> <p>3. Neither the Secretary of State nor the Supreme Court of Florida has power to pass upon the legality of an election of a United States Senator by the Legislature, or of an appointment of a Senator by the Executive of the State. The power is in the United States Senate alone.</p> <p>3. The commission of a United States Senator appointed by the Governor should be signed by the Governor and sealed with the Great Seal of State, and countersigned by the Secretary of State, in accordance with section 14, Article IV of the Constitution of this State.</p> <p>4. Where there has been an election of a United States Senator by the Legislature and afterwards the Governor, holding that there is a vacancy in the office on account of the illegality of such election, signs and appointment or commission of a United States Senator and requests the Secretary of State to seal the-same with the Great Seal of State, and to countersign it, it is the duty of the Secretary to do so, and he has no right to refuse because he deems the Governor’s action illegal. If he refuses the performance of the duty it may be required by mandamus.</p> <p>5. A commission is not complete until it has been signed, countersigned and sealed in accordance with section 14 of Article lVr nor is a copy of an uncompleted commission, or of the record thereof, evidence of any appointment to office.</p> <p>6. Affixing the Seal of State to an executive appointment of a United Senator and countersigning the same does not commit the Secretary of State to the legality of such appointment. It implies, no opinion as to the legality of either such appointment or of a previous election of another person to the same place by the Legislature.</p> <p>7. The commissioning of a United States Senator or other public officer is a matter of public interest, and it is the duty of the Executive to see that his commissions o
Judges: Raney
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18 cases in this archive cite this case.
- Florida Central & Peninsular Railroad v. State ex rel. MayorSupreme Court of Florida· 1893-01-15· cited 52×
- Young v. MikvaIllinois Supreme Court· 1977-05-20· cited 26×
- State ex rel. Sunday v. RichardsSupreme Court of Florida· 1905-06-15· cited 26×
- State Ex Rel. West v. GraySupreme Court of Florida· 1954-02-16· cited 25×
- Keating v. State ex rel. AusebelDistrict Court of Appeal of Florida· 1964-07-14· cited 20×
- Laxalt v. CannonNevada Supreme Court· 1964-12-22· cited 19×
- Tappy v. State ex rel. ErvinSupreme Court of Florida· 1955-07-08· cited 17×
- State ex rel. Davis v. Atlantic Coast Line RailroadSupreme Court of Florida· 1928-01-10· cited 13×
- State v. DuniwayOregon Supreme Court· 1912-12-31· cited 13×
- Treasure, Inc. v. State Beverage DepartmentSupreme Court of Florida· 1970-06-17· cited 10×
- Schreiber v. BacaNew Mexico Supreme Court· 1954-11-22· cited 9×
- Hartke v. RoudebushS.D. Indiana· 1971-03-22· cited 8×
- Johnson v. Sampson, GovernorCourt of Appeals of Kentucky (pre-1976)· 1930-02-07· cited 6×
- State ex rel. Walker v. StewartSupreme Court of Florida· 1905-01-15· cited 5×
- State ex rel. Village of North Palm Beach v. CochranSupreme Court of Florida· 1959-04-29· cited 4×
- Henry v. StateMississippi Supreme Court· 1906-04-15· cited 1×
- Millican v. State ex rel. WrightSupreme Court of Florida· 1956-01-18
- LaCaze v. JohnsonLouisiana Court of Appeal· 1974-11-13
Cites
20 cases in this archive are cited by this case.
- Butterworth v. United States Ex Rel. HoeSupreme Court· 1884-11-03· cited 162×
- People ex rel. Case v. CollinsNew York Supreme Court· 1837-10-15· cited 112×
- County Commissioners v. People ex rel. MetzIllinois Supreme Court· 1849-12-15· cited 58×
- Hamilton v. State ex rel. BatesIndiana Supreme Court· 1852-11-22· cited 58×
- United States Ex Rel. Redfield v. WindomSupreme Court· 1891-01-12· cited 53×
- State ex rel. Cornwell v. AllenIndiana Supreme Court· 1863-11-15· cited 43×
- United States v. Le BaronSupreme Court· 1856-12-16· cited 42×
- City of Ottawa v. People ex rel. CatonIllinois Supreme Court· 1868-09-15· cited 33×
- Towle v. State ex rel. FisherSupreme Court of Florida· 1850-01-15· cited 27×
- State ex rel. Bisbee v. DrewSupreme Court of Florida· 1879-01-15· cited 26×
- State ex rel. Weeks v. GambleSupreme Court of Florida· 1869-07-01· cited 24×
- Conger v. GilmerCalifornia Supreme Court· 1867-07-01· cited 22×
- State ex rel. Moody v. BarnesSupreme Court of Florida· 1889-01-15· cited 13×
- State, ex rel. Scott v. Board of County CommissionersSupreme Court of Florida· 1880-06-15· cited 12×
- State ex rel. Bisbee v. Board of State CanvassersSupreme Court of Florida· 1879-01-15· cited 9×
- State ex rel. Law v. SaxonSupreme Court of Florida· 1889-06-15· cited 9×
- In re the Executive Communication of the 28th January, 1869Supreme Court of Florida· 1869-01-28· cited 6×
- State ex rel. Drake v. HobartNevada Supreme Court· 1877-10-15· cited 5×
- State ex rel. Mahan v. DubucletSupreme Court of Louisiana· 1870-12-15· cited 5×
- State ex rel. Vienne v. HyamsSupreme Court of Louisiana· 1857-08-15· cited 2×
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