State ex rel. Jackson v. Crawford

Citations

• 76 Fla. 388
• 79 So. 875
• 1918 Fla. LEXIS 329

Syllabus

<p>X. The acceptance by the Governor of the resignation of a suspended officer creates a vacancy in the office: Quere, as to whether the unaccepted resignation of such officer, would create a vacancy?</p> <p>2. Where acceptance of a resignation by the proper authority is necessary to create a vacancy in an office, the aeceptancy may be oral or in writing, or it may be shown by the performance of an official act which could not legally be performed, unless the resignation was accepted.</p> <p>3 Where an officer who has been suspended tenders his resignation to the Governor who issues a commission to another to hold the office “until the qualification of his successor who may be chosen at the ensuing general election,” the issuing of such a commission may be equivalent to and conclusive of an acceptance of the resignation.</p>