State ex rel. McClenny v. County Commissioners of Baker County

Citations

• 22 Fla. 29

Syllabus

<p>1. The election contemplated by the statute regulating a change in the location of a county site is an election at which the voters of the county may vote for any place within the county; and where the election as prayed for in the petition and ordered and given notice of, is one as between two particular and specially designated places, it is contrary to the policy of the statute and illegal.</p> <p>2. Though County Commissioners will not be controlled in their discretion as to the character of the courthouse or jail or offices which it is made their duty to erect or provide under the above-statute, yet where they refuse to perform these duties, mandamus will lie to compel them to act, or to set them in motion.</p> <p>3. The omission of inspectors of an election to take the oatli prescribed by law, or their being improperly sworn, does not invalidate the election or the votes cast at such precinct, or the return thereof.</p> <p>4. Illegal votes do not invalidate legal votes when the number of the former is ascertained.</p> <p>5. Whether a person who has given a bond conditioned to erect at his own expense public buildings at a certain place, should it receive a majority of the votes as the county site, and to convey the buildings and certain lands to the county within a certain time, can ask, as relator, that a mandamus issue to compel the County Commissioners to erect said buidings—qiiwe, ?</p>