Mugge v. Tate, Jones & Co.

Supreme Court of Florida January 15, 1906

Mugge v. Tate, Jones & Co., 51 Fla. 255 (Fla. 1906)

Opinion of the Court

Per Curiam.

In these causes the Chief Justice, Mr. Justice COCKRELL and Mr. Justice WHITFIELD are of opinion that the judgment should be reversed, while Mr. Justice TAYLOR, Mr. Justice HOOKER and Mr. Justice PARKHILL are of opinion that the judgment should be affirmed. Under these circumstances, upon the authority of the State ex rel. Hampton v. McClung, 47 Fla, 224, *25637 South. Rep. 51; Commercial Bank v. Towers, 48 Fla. 250, 37 South. Rep. 742, and Holton v. Patterson, 49 Fla. 178, 38 South. Rep. 352, a judgment will be entered in each of the above styled cause affirming the judgments to which the writs of error were taken. It is so ordered.

Reference

Full Case Name: Robert Mugge, in Error v. Tate, Jones & Company of Louisiana, Limited, a Corporation under the Laws of the State of Louisiana, in Error Robert Mugge, Emilio Pons and S. J. Drawdy, in Error v. Tate, Jones & Company of Louisiana, Limited, in Error
Cited By: 6 cases
Status: Published
Syllabus: The concurrence of a majority of the members of the Supreme Court sitting as a body is necessary to a decision; but where the members of the court sitting are equally divided, the judgment of the lower court should be affirmed on the authority of State ex rel. Hampton v. McClung, 47 Fla. 224, 37 South. Rep. 51.