State ex rel. Lilienthal v. Herndon

Citations

• 23 Fla. 287

Syllabus

<p>1. When the material allegations of an information in the nature of a quo warranto show that the relator was elected, and is qualified, to hold an office, and they are not denied by the answer of the respondent, and such answer sets up nothing constituting a defence to the information, and a demurrer to such answer is sustained, and no application is made to amend the answer, a judg- • ruent of ouster against the respondent should be entered ; and, under the statute of thij State, the relator ma» on proof of his title, be adjudged to be entitled to hold the office.</p> <p>2. A subsequent election, held in consequence of a declaration by the canvassers that there had been a tie vote, is not.abarto a recovery of the office by the person elected thereto at a former election.</p>