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MOORE v. STATE EX REL. McDONALD

41 So.2d 310 (1949)

MOORE et al. v. STATE ex rel. McDONALD.

Supreme Court of Florida, en Banc.

Rehearing Denied July 15, 1949.

Attorney(s) appearing for the Case

M.R. McDonald, Sebring, and Paul Ritter, Winter Haven, for appellants.

Wilbur W. Whitehurst, Wauchula, James W. Moore, Sebring, in pro. per., S. Colquitt Pardee, Avon Park, in pro. per., for appellee.

HOBSON, Justice.

On the information of appellee, M.R. McDonald, writ in the nature of quo warranto was issued from the Circuit Court challenging the authority of appellants or either of them, to exercise the duties of the office of County Attorney of Highlands County. The information alleged that the Attorney General refused to institute this proceeding in the name of the State. Demurrer to the information was overruled, pleas were then filed by both defendants, demurrers...

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