Opinion

State Ex Rel. Watson v. Kirkman

  • 158 Fla. 11
  • 27 So. 2d 610
  • 1946 Fla. LEXIS 457
Court
Supreme Court of Florida
Filed
Oct 8, 1946
Status
Published
Author
Brown
On the bench
Chapman, Terrell, Buford, Adams, Sebring, Thomas, Brown
Cited by
9 cases

“As a general rule a public official whose rights are not adversely and injuriously affected by the operation of an Act, or the particular feature complained of, may not raise the question of its constitutionality. The mere interest of a public official as such is not sufficient to entitle him to question the validity of a statute, but to entitle the official to the right to raise such a question he must show that his rights of person or property are adversely affected by the operation of the statute.”

How later courts described this case

  • “As a general rule a public official whose rights are not adversely and injuriously affected by the operation of an Act, or the particular feature complained of, may not raise the question of its constitutionality. The mere interest of a public official as such is not sufficient to entitle him to question the validity of a statute, but to entitle the official to the right to raise such a question he must show that his rights of person or property are adversely affected by the operation of the statute.”

Written by the judges who cited it.

The opinion

BROWN, J.,

concurring specially:

I am inclined to think the Attorney General had the right to file this suit, but I concur in the view of the Court below that the Act is not shown to be unconstitutional.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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