State Ex Rel. Chavers v. Lee
Decision Date | 26 November 1935 |
Citation | 166 So. 262,122 Fla. 638 |
Parties | The STATE of Florida ex rel. CHAVERS and W. D. Fowhand, Copartners Trading Under the Firm Name and Style of Chavers-Fowhand Furniture Company and Home Furniture Company, Relators |
Court | Florida Supreme Court |
Judgment affirmed 166 So. 262.
H. H. Wells and B. K. Roberts, both of Tallahassee, Stanton Walker, of Jacksonville, J. Van Wilhite, of Panama City, and William K. Whitfield, of Tallashassee, for relators.
Cary D. Landis, Atty. Gen., H. E. Carter and J. V. Keen, Asst. Attys. Gen., and Henry C. Tillman, of Tampa, for respondent.
This case is disposed of on the authority of the cases of State ex rel. Lane Drug Stores, Inc., v. Simpson, Tax Collector, and State ex rel. Thomas B. Adams v. Lee, Comptroller (Fla.) 166 So. 249, this day decided. On the authority of the opinion in the cases just cited, and on the authority of the case of State v. Seaboard Air Line R. Co., 92 Fla. 61, 83, 109 So. 656, the motion for a peremptory writ of mandamus, notwithstanding the answer, is denied, and the alternative writ of mandamus quashed and the proceeding dismissed.
Mandamus quashed and dismissed, at relators' costs.
DISSENTING
I dissent from the opinion in this case for the reasons and upon the grounds stated in the opinion prepared by me dissenting in part in the case of State ex rel. Lane Drug Stores, Inc., a corporation, v. Clyde H. Simpson, as Tax Collector of Duval County, Florida (Fla.) 166 So. 227.
FN* Second rehearing denied 166 So. 574.
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Request your trial- State Ex Rel. Lane Drug Stores, Inc. v. Simpson
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State Ex Rel. Adams v. Lee
... ... alleged total invalidity of the legislative act thus brought ... into controversy in these proceedings, and since the ... predominant question of constitutionality of the involved ... enactment is otherwise properly in issue before this court in ... companion cases ( Chavers v. Harrell, 166 So. 261; ... State v. Lee, 166 So. 262) which have been argued, ... considered, and decided in connection with this case, we pass ... sub silentio the respondent's objections to the ... availability of quo warranto as the proper form of legal ... remedy authorized to be ... ...
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Lee v. Bond-howell Lumber Co.
... 166 So. 733 123 Fla. 202 LEE, State Comptroller v. BOND-HOWELL LUMBER CO. et al. Florida Supreme Court March 10, 1936 ... subdivision A, and class 1, subdivision B. See State ex ... rel. Lane Drug Stores v. Simpson, 166 So. 227; State ... ex rel. Adams v. Lee, 166 So. 249; State ... ...