The Weekly Tallahasseean., 1902-03-21
HEADNOTES.
Continued from third page. J

Frank NJ. Simonton, plaintiff in error.
VS.. The State of Florida, by its At
tOrney-General, er rel. Solon B. Tur-
man, defendant in error-Hills-
borough county.
Carter, j.:
L. Where the Attorney General in be-
half Of the State, under section 1871
ct seq. Rev. Stats, institutes proceed
ings in his own name by information in
the nature of QHO ICaTTdRtO for the
double purpose of Ousting respondent
from a public Office and having it ju-
dicialIy declared that persn claiming
title to the Office named therein is right
fully entitled to such Office, the person
so claiming the office named therein is
not required to give a bond or other
security for costs.
2. An information by the Attorney
General in behalf of the State alleging
that respondent uses, enjoys. exercises
and performs the functions Of a public
Office without warrant or authority of
law. and charges usUrpation of such
office by respondent, is sufficient to re-
quire the respondent to show by what
right or authority he exercises or per-
forms the functions of such office as
against the State
3. An information by the Attorney
General in behalf of the State alleging
that respondent uses, enjoys, exercises
and performs the functions of a public
office without warrant or authority OF
law, charging usurpation Of the office
by the respondent, and alleging that
another person claiming the office nam
ed therein is rightfully entitled to the
office, and praying that process issue
requiring respondent to answer by
what warrant or authority he claims to
use, enjoy, exercise and perform the
functions, franchise and power of the
office, and that the person claiming the
Office named therein be adjudged to be
rightfully entitled thereto. is good as
against a demurrer to the entire infOr-
nation even though the allegations
with reference to the title of the person
named therein as claiming the office
are insufficient to show his right to the
office.
4. Under section 1918 Rev. Stats
where the Judge of a Circuit Court is
disqualified in a case pending in his
Circuit, it is made the duty of the Judge
of any other circuit, upon application
Of a party to such cause, to perform any
duty or hear and determine any matter
therein which it would be the duty of
the judge of the court in which such
cause is pending to perform, or to hear
and determine in vacation or between
terms, but for his disqualification. In
performing the duty required by this
statute the judge to whom application
is made acts in the place and stead of
the disqualified judge. not for the pur-
pose of hearing and deciding every
matter arising in the cause, but only
in respect to the particular matter sub
mitted to him, and therefore other mat
ters arising for decision in the same
cause, proper to be heard and deter
mined in vacation or between terms,
may be submitted to and heard and de-
termined by the judge of any other cir
cult under the statute.
5. Section 1918 Rev. Stat. does not
.cOntravene the provisions of section u
Art. V, nor section 19 Art. Y, cOnstitu-
tiOn of 1885.
g. Under section 1913 Rev. Stat. the
Judge of another circuit upon applica-
tiOn of party to cause pending in one
circuit in which the judge of that cir
cult is disqualified, may not hear and
determine a demurrer to pleas in such
cause, but may enter final judgment
upon sustaining such demurrer, where
the party does not desire to amend or
plead over, and where such final judg-
ment is one that can legally be entered
in vacation or between terms.
Z. Where a vacancy in the office of
prosecuting attorney for a Criminal
Court of Record occurs during a session
Of the legislature, by reason of the re-
signatiOn of an incumbent regularly
appointed for four years, the successor
to fill such vacancy is properly ap-
pointed by the Governor and confirmed
by the Senate for the uneXpired term
of the incumbent whose resignation
caused such vacancy, and not for four
years.
Judgment reversed.
Barron Phillips, Geo. G. Clough and
A. w. COckrell & Son, for plaintiff in
error; Hugh C. Macfarlane and John P
Wall, for defendant in error.
La grippe coughs yield quickly to the