Nichols v. Lewis

Supreme Court of Florida June 15, 1906

Nichols v. Lewis, 52 Fla. 109 (Fla. 1906)

Opinion of the Court

Per Curiam:

In this case Mr. Chief Justice Shackle-ford, Mr. Justice Parkhill and Mr. Justice Whitfield are of opinion that the judgment should be reversed, while Mr. Justice Taylor, Mr. Justice Cockrell and Mr. Justice Hocker are of opinion that the judgment should be affirmed. Under these circumstances, upon the authority of State ex rel. Hampton v. McClung, 47 Fla. 224, 37 South. Rep. 51, the judgment should be affirmed and it is so ordered.

Reference

Full Case Name: Walter Nichols, in Error v. H. H. Lewis, Sheriff, in Error
Status: Published
Syllabus: The concurrence of- a majority of the members of the Supreme Court sitting as one body is necessary to a decision; but where the members of the court sitting in a cause on writ of error or appeal 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.