Stokes v. Galloway
Citation | 54 So. 799,61 Fla. 437 |
Parties | STOKES et al. v. GALLOWAY, Sheriff. |
Decision Date | 14 March 1911 |
Court | United States State Supreme Court of Florida |
Error to Circuit Court, Marion County; W. S. Bullock, Judge.
Habeas corpus by H. D. Stokes and others against John P. Galloway as sheriff. There was judgment remanding petitioners to custody, and they bring error. Affirmed.
Syllabus by the Court
Where the title of an amending statute correctly gives the number of the section of a law designed to be amended, and also briefly expresses the subject of the section to be amended the title is sufficient, even though the title also contains matter germane to the subject, but not included in the subject of the section amended. Such a title is not false or misleading, if, in addition to the number and the subject of the section amended, it contains other cognate matter that is within one general subject briefly expressed in the title of the amending law.
The title to chapter 5692, Acts of 1907, is not misleading or deceptive, and does not violate constitutional requirements.
COUNSEL R. L. Anderson, Carlos L. Sistrunk, and H. M Hampton, for plaintiffs in error.
Park Trammell, Atty. Gen., for defendant in error.
This writ of error was allowed and taken to a judgment in habeas corpus proceedings remanding to the custody of the sheriff the petitioners, who were held on a capias issued by authority of indictments found under chapter 5692, Acts of 1907, amending section 3470 of the General Statutes of 1906 which amending statute is alleged to have been enacted in violation of section 16 of article 3 of the Constitution, thereby making the indictments and the detention in custody of the petitioners unlawful.
The constitutional provision, the section amended, and the amending statute are as follows:
'Be it enacted by the Legislature of the state of Florida:
'Section 1. That section 3470 of the General Statutes of the state of Florida be and the same is hereby amended so as to read as follows:
The Constitution provides that...
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State v. Allen
... ... germane to the general subject expressed in the title may be ... included in the act. Stokes v. Galloway, 61 Fla ... 437, 54 So. 799 ... In the ... title before us there is but one subject, 'the Operation ... of Motor ... ...
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Miami Bridge Co. v. Railroad Com'n
... ... amendatory Section takes the place of the Section amended as ... a part of the original Act. See Stokes v. Galloway, ... 61 Fla. 437, 54 So. 799; Saunders v. Provisional ... Municipality of Pensacola, 24 Fla. 226, 4 So. 801. When ... a Section is ... ...
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Mcconville v. Ft. Pierce Bank & Trust Co.
... ... in the existing law, and anything germane to the general ... subject expressed in the title may be included in the ... act.' See, also, Stokes v. Galloway, 61 Fla ... 437, 54 So. 799 ... The ... title here in question gives the section of the original act ... also its number ... ...
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Martin v. United Sec. Services, Inc.
...survival act, and to Sections 768.16--768.27, the Wrongful Death Act. See Shepard v. Thames, 251 So.2d 265 (Fla.1971); Stokes v. Galloway, 61 Fla. 437, 54 So. 799 (1911). More specifically, the following words are germane to the subject of both acts: 'providing for A right of action On beha......