State ex rel. Law v. Saxon

Citations

• 25 Fla. 342

Syllabus

<p>1. Proceedings in quo warranto are governed by the same principles- and rules that govern in other civil actions ; and in such a proceeding a motion to strike out a plea or answer or some matter thereof for irrelevancy, is proper, but not proper on the ground of insufficiency in law. That should be met by demurrer. Non usurpmit is not a relevant plea in quo warranto brought by the Attorney-General to oust a party from public office, but allegation of the party that he was elected to the office is relevant»though it may not be sufficient of itself to prevent ouster.</p> <p>2. In such quo warranto, whether brought on the relation of one claiming the office or not, the burden is on the respondent to show that he holds the office rightfully; and it is not enough to show due appointment or election, but for full and complete title he must also show that all the requisites required to qualify him to take possession of the office have been complied with. If an oath, bond and commission be required, as in the case of clerks of the Circuit Court in this State, he will be ousted if he has not qualified accordingly.</p>