Chandler v. Barefield
Chandler v. Barefield
Opinion of the Court
C. L. Chandler filed a quo warranto proceeding against O. E. Barefield, making these allegations: Belator for several years past, and up to January 1, 1933, was the duly qualified sheriff of Seminole County. On November 8, 1932, an election for said office was held, at which time respondent offered himself as a candidate, and received a majority of the votes cast in said election. As a result of said election respondent was declared the duly elected sheriff of said county; but he was ineligible under the constitution and laws of this State to be elected sheriff and is ineligible to hold said office, because on or about December 20, 1931, tlie City of Donalsonville, a municipal corporation, issued against C. E. Bare-field an execution for ad valorem taxes for the year 1931, in the sum of $19.35, and said taxes remained unpaid until May 28, 1932, which was less than six months prior to the date of said election; and not having paid said ad valorem taxes at least six months prior to the date of said election, Barefield was rendered ineligible to be elected sheriff of Seminole County, and to hold said office, and he is now illegally discharging the duties of said office. Belator prayed that respondent show cause why he should not be ousted from said office and said office be surrendered to relator, and that relator be permitted to hold the same until his successor is duly elected and qualified. The respondent demurred specially to the petition, on the grounds: (1) It is not alleged by what officer the execution in question issued, or by what authority such officer purported to act. (2) It is not alleged when the taxes for which it is claimed such execution issued were due and payable. (3) It is not alleged that C. E. Barefield was legally due the City of Donalsonville any taxes. (4) A copy of said execution is not set out in the petition. (5) It is not alleged that such taxes were due prior to May 28, 1932, or when they were due. (6) It is not alleged how or
Did the allegations of 'the petition, treated as true, show that the defendant in error was ineligible to hold the office of sheriff by reason of the fact that he had not paid all taxes required of him in accordance with the provisions of art. 2, sec. 1, par. 3, of the constitution of 1877 (Civil Code of 1910, § 6397) ? The defendant by demurrer raised the points that the petition did not allege the name of the officer who issued the execution, or the authority of such officer for so doing, or when said taxes were due and payable, or that the defendant in execution was legally due to the municipality any taxes, or that he had had an opportunity to pay such taxes agreeably to law and failed to do so. The petitioner in response to the demurrer failed to make any amendment. In these circumstances the court correctly applied the rule that pleadings attacked by demurrer are always to be strictly construed against the pleader in the court’s determination as to the meaning to be implied from statements which require amplification or are ambiguous. We think, therefore, that the court could properly adjudge, since the petitioner would not state that the defendant was legally due any taxes to the City of Donalsonville, or when said taxes were due, or the name or authority of the officer for issuing the execution, that most probably as a matter of fact (and certainly as a matter of law) no person
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.