Messer v. Jackson
| Decision Date | 28 December 1936 |
| Citation | 126 Fla. 678,171 So. 660 |
| Parties | MESSER v. JACKSON. |
| Court | Florida Supreme Court |
Error to Circuit Court, Leon County; J. B. Johnson, Judge.
Replevin action by James Messer against E. P. Jackson. To review a judgment in favor of defendants, plaintiff brings error.
Reversed.
COUNSEL James Messer, Jr., W. J. Oven, and W. J. Oven Jr., all of Tallahassee, for plaintiff in error.
Charles S. Ausley and John C. Ausley, both of Tallahassee, for defendant in error.
The writ of error brings for review judgment in favor of the defendant in a replevin action.
The plaintiff claimed title and right of possession to one Fordson tractor No. 73856, and one John Deere two-bottom plow in the possession of E. P. Jackson, the plaintiff's title and right of possession based on retain title contract.
The questions presented require us to determine whether or not chapter 16803, Acts 1935, was enacted in accordance with the provisions of the Constitution and, if so, whether or not it is valid or invalid.
The title to the Act as passed reads as follows:
,'an Act to provide for the Recording of all Bills of Sale Conditional Bills of Sale, Retain Title Contracts, Contracts Liens other than Mortgages, and Leases upon Personal Property and/or Agricultural, Horticultural or Fruit Crops in being, or of any interest therein; providing that such Instruments shall not be good and effectual in Law or Equity against Creditors or Subsequent Purchasers for a Valuable Consideration and without notice unless the same be recorded in the County where such property is situate at the time the Instrument is executed, or unless the property included in such Instrument is delivered to the person relying upon such Instrument; providing that this Act shall not apply to any such Instrument affecting Household Refrigerators, Furnishings or Utensils, Musical Instruments or Motor Vehicles as defined in Chapter 9157, Laws Florida of 1923; and providing when this Act shall become effective.'
The record shows that the act originated as Senate Bill No. 199. It was referred to a committee in the Senate. The Senate Judiciary A Committee proposed a committee substitute. The title to the bill as originally introduced was as follows:
'A bill to be entitled an act to provide for the recording of all bills of sale, conditional bills of sale, retain title contracts, contracts, liens other than mortgages, and leases upon personal property and/or agricultural, horticultural or fruit crops in being, or of any interest therein; providing that such instruments shall not be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice unless the same be recorded in the county where such property is situate at the time the instrument is executed, or unless the property included in such instrument is delivered to the person relying upon such instrument; providing that this act shall not apply to any such instrument affecting household refrigerators, furnishings or utensils, musical instruments, motor vehicles or trucks; and providing when this act shall become effective.'
The Committee substitute, as will be seen from the quotations, struck out the words 'or trucks' and inserted in lieu thereof after the words, 'motor vehicles' the following: 'as defined in Chapter 9157, Laws of Florida of 1923,' in the title and made a like change in the body of the act.
The Committee substitute was passed by the Senate and certified to the House of Representatives. After it had been received in the House of Representatives, the House Journal on May 23, 1935, page 1100, shows House Bill No. 169, 'A bill to be entitled an act to provide for the recording of all bills of sale, conditional bills of sale retain title contracts, contracts, liens other than mortgages, and leases upon personal property and/or agricultural, horticultural or fruit crops planted, growing or to be planted, grown or raised, or of any interest therein; providing that such instruments shall not be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice unless the same be recorded in the county where such property is situated at the time the instrument is executed, or unless the property included in such instrument is delivered to the person relying upon such instrument; providing that this act shall not apply to any such instrument affecting household furnishings or utensils; and providing when this act shall become effective,' was taken up.
Mr Rogers of Broward, moved that Judiciary A Committee substitute for Senate Bill No. 199 be substituted for and considered in lieu of House Bill No. 169, which was agreed to. And, Judiciary A Committee substitute for Senate Bill No. 199, 'A bill to be entitled an act to provide for the recording of all bills of sale, conditional bills of sale, retain title contracts, contracts, liens other than mortgages, and leases upon personal property and/or agricultural, horticultural or fruit crops in being, or of any interest therein; providing that such instruments shall not be good and effectual in law or equity against creditors in subsequent purchasers for a valuable consideration and without notice unless the same be recorded in the county where such property is situate at the time the instrument is executed, or unless the property included in such instrument is delivered to the person relying upon such instrument; providing that this act shall not apply to any such instrument affecting household refrigerators, furnishings or utensils, musical instruments, motor vehicles or trucks; and...
To continue reading
Request your trial
-
B.H. v. State
...escape statute must work an automatic revival of the earlier escape statute. As authority, the district court cited Messer v. Jackson, 126 Fla. 678, 171 So. 660 (1936). The Fifth District reasoned that invalidity of section 39.061 necessarily meant that any associated repealer provisions al......
-
Green v. State, 2D02-2430.
...McCormick, 190 So. at 883-884; City of Winter Haven v. A.M. Klemm & Son, 132 Fla. 334, 181 So. 153 (1938); Messer v. Jackson, 126 Fla. 678, 171 So. 660 (1936). This is especially so when the law has been enacted in violation of the single subject requirement. That constitutional provision a......
-
State ex rel. Boyd v. Green
...force. Re: Advisory Opinion to Governor, supra, State ex rel. Spitzer v. Mayo, 129 Fla. 426, 176 So. 434 (1937), and Messer v. Jackson, 126 Fla. 678, 171 So. 660 (1936). We hold that Fla.R.Crim.P. 3.210 is in effect and governs the trial of criminal cases in which an insanity defense is Acc......
-
Henderson v. Antonacci
...be declared unconstitutional. State ex rel. Willie v. Barnes, 22 Fla. 8; Sawyer v. State, 100 Fla. 1603, 132 So. 188; Messer v. Jackson, 126 Fla. 678, 171 So. 660. However, the question of the constitutionality of these sections was not presented to the Court and, therefore, should not have......