65 Fla. 12 | Fla. | 1913
On October 8th, 1912, A. W. Barrs filed a bill complaint in which it is alleged that he and J. E. Peacock were candidates for nomination for the office of County Treasurer of Duval County, Florida, in a primary election held in April, 1912; that though Peacock had received a majority of the votes cast at the primary election, he had violated the provisions of the statute which declares that a candidate for office shall not “donate, contribute or give away, or promise or agree to do so, .............................. any money..............................or any other thing of value to any person, association or corporation in an attempt to directly or indirectly influence any person’s vote,” by making promises to give to the public schools of the County the commissions that' will be due him as County Treasurer if elected, and that Peacock therefore was subjecf to'the provision of the statute that any person who violates the statute “shall not be allowed to have his name printed on the official ballot at the nest ensuing general election.” The prayer is that the canvassing board of the .primary election be enjoined from certifying the name of Peacock to the County Commissioners as the person nominated for the office of County Treasurer; that such canvassing board be enjoined
The general election with reference to which the injunction was sought occured November 5, 1912. The cause was submitted to this court on briefs in December, 1912, and the oral argument that had been requested was waived in January, 1913.
As it clearly appears from the transcript that the election with reference to which the relief was sought had taken place before the return day of the appeal, and that consequently under no circumstances can the relief prayed be made effective, the court might dismiss the appeal even though there is no motion to dismiss. And although the election having been held, the relief prayed
The appeal is dismissed.