Croissant v. Harris

Decision Date03 October 1935
Citation163 So. 470,121 Fla. 141
PartiesCROISSANT v. HARRIS et al.
CourtFlorida Supreme Court
En Banc.

Suit by Jacob Croissant against Raymond Harris and others, as and constituting the Board of County Commissioners of Duval County, Florida, and Duval County. Decree for defendants, and complainant appeals.

Affirmed on condition by divided court. Appeal from Circuit Court, Duval County; DeWitt T. Gray, judge.

COUNSEL

Martin H. Long, of Jacksonville, for appellant.

E. J. L'Engle, Francis P. Fleming, W. D. Jones, Jr., Giles J. Patterson, Charles Cook Howell, Henry P. Adair, Julian E. Fant, Francis M. Holt, and A. W. Cockrell, Jr., all of Jacksonville, for appellees.

OPINION

PER CURIAM.

The questions presented for consideration in this case are the same that have been argued before this court in the case of State ex rel. Landis, Attorney General, v. Raymond Harris and John S. Bond, 163 So. 237, in which final judgment has this day been entered in favor of the respondents, for the reasons stated in the opinion accompanying the final judgment.

For like reasons to those stated in the above-mentioned opinion so filed in the case of State ex rel. Landis, Attorney General, v. Harris and Bond, supra, and with like limitations and modifications, the decree appealed from in this case, by which the circuit court of Duval county refused to adjudicate chapter 16058, Acts 1933, to be unconstitutional or unenforceable for the causes assigned in complainant's bill of complaint in challenge thereof by a taxpayer's suit in equity brought to enjoin the recognition by affected officers of the force and effect of said chapter 16058, as a valid act, is hereby affirmed without prejudice to a reconsideration of the constitutional questions involved should there be a change in the personnel of this court, said chapter 16058, Acts 1933, to be recognized and enforced as a valid act of the Legislature so long as no opinion and judgment holding it unconstitutional has been concurred in by a majority of the members of the Supreme Court sitting in banc in the hearing of the cause.

Affirmed on condition stated in opinion.

WHITFIELD, C.J., and TERRELL, BROWN, BUFORD, and DAVIS, JJ., concur.

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5 cases
  • Hysler v. State
    • United States
    • Florida Supreme Court
    • 3 Febrero 1938
    ...in process of enactment are not fatal to the bills. See Volusia County v. State, 98 Fla. 1166, 125 So. 375, 813.' See Croissant v. Harris, 121 Fla. 141, 163 So. 470. of these assignments is controlled by State ex rel. Landis v. Harris, supra. Grounds of the motion for a new trial from 23 to......
  • Harrison v. Murphy
    • United States
    • Florida Supreme Court
    • 18 Mayo 1938
    ... ... recent cases in the Supreme Court of Florida, State ex ... rel. Landis, Attorney General v. Harris, 120 Fla. 555, ... 163 So. 237; and Croissant v. Harris, 121 Fla. 141, ... 163 So. 470. Following the decisions in those cases this ... Court ... ...
  • Hysler v. State
    • United States
    • Florida Supreme Court
    • 3 Febrero 1938
    ...of this question makes it unnecessary to discuss question No. 7. It may not be amiss, however, to say that in the case of Croissant v. Harris et al., supra, it was 'Statute providing for jury commissioners in counties having population in excess of 155,000, and for selection of jurors in su......
  • Jameson v. Jameson
    • United States
    • Florida Supreme Court
    • 3 Octubre 1935
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