The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1884-07-29
An Important Decision.
.rhc State ex rel. John H. Martin vs. the Con
mssirners OF Sumter cOunty-Mandamus

| ,Fhc State ex rel John H. Martin vs. the CON-
| missi6ners OF Sumter cOuniy-Mandamus
KANDAIE,C. j.:
|. Registration of voters can only be made n
dht manner and at the time prescribed by the
| .ct of 1917 chapter 3021, to vii: between the
1irst MonTay OF October and period ten days
siei"re tha holding Ot general election in the
| same yeat, at which time the registration books
are requikeNi TO be CLOSED. Registration at any
biher tmt ar in any other manner is not legal
frgisl ration.
:. The spendency of another proceeding by
eaandamrs may be pleaded in abatement where
tir parties and the matter are the same, the
practice lking assimiated to that in other civil
sui,
Demurrer overrued petition dismissed.
=. ID. Mcconnell, j. A. Henderson, for Relaor;
w A. H'Sker. tor Respondents.
itelators alternative writ says he presented to
the BuartE OF County Commissioners in June,
1874, his applicaiOn in due form of law for
Permit tn ssi intoxicating liquors, in District No
3 county d Sumter, that his petition was signed
hyn maioHiy OF the registered voters of the Dis
. ina, and Wie Board has refused to give him The
permit
Respondents return that the application was
made tn ie Board in March, 1884, and not in
IuAc Thsl at the March meeting they refused
ig grant the permit, because reator had not OBJ
tanned majority ot the duly registered voters OF
81 the ltsi period, in October 1888 appointed by
lax for ihetsgstration of voters, the number OF
voters duly registered Was 1874 that since thai
uhir there eave been illegally added to the regis
tialon the eanmes nf 81 persons, OF which 81
a'thes Al appear upon REALTORS petition for =
hGc9st, and: u Is submitted that, therefore, the
'a,ttes of mia Oriiy OF the registered voters of
HE district 8" moi appeal upon the petition
iEsp'ndrpis further return that Immediately
'liey The refusal OF the Board in March last, TO
granl The permit. relalor obtained from Judge
King, CircnR Judge. All alternative writ of man
{! 'n'us, basiS IS the same upon the same petition
i"r q perm and The refusal OF the Board TO
grant it, whifi, alternative writ commanded the
BEARD I" grapt the permit show cause. That
his board dFt make return of cause to wit on
The t1iird Mtanslay in March, which cause was as
Is h.;,"in ab'ssS set forth. That thereupon rcla-
t"f: temurred !" said return, and the court over
ruled the deisihrier and SAID cause is still pend
ing and undetermined IN said Circuit Court.
kfiai"r replies that he made his application
for license in!J nne, at the regular meeting of the
B0afti, and liz respondents refused the same
Aud relatnl deunnrs To the residue of the return.
Ehe prlnclSii question brought up by the de-
Irutrtr is, wel"hcr any entry of names on the
registration tSis KEPT 10y The Clerk OF the Circuit
Co,Hf. at anNs'ther time than that specially ap-
p"il.rd 10y ls1 Act of 1877, Chapter 1921, Secs
and 2, Ia fu: between The first Monday 10
Octber and u slay ten DAYS previous 10 any gen
y legal registration and whether
therefore, the. names added 10 the registration
list for Disltifi No. 3, in Sumter county, at any
ot)ieEiim or 81 any other manner than as Is pro-
siItsfin the 4tit! act, are registered voters
/ Ta. answe9 10 The question is in the negative.
! AZ 10 the pfhtIency of another like proceeding
t'sa4t upon tila same petition for n license, IN
,ots'r courtshaving jurisdiction TO grant the re-
III herein prassd, the rule in other civil actions
s~Itelic able. Highs Elk. Rem, sci. The re-
Etltth This refpect sets up matter 10 abatement
y 'ihH suit 1swo courts having equal jurisdlc-
bid vnght Mi 10 be made use of at the same
pnesR adjud ale the same matter for the same
'nrpsfes
THS drmurrtr is overruled with leave to plead