Supreme Court of Florida, 1933

Jacobs v. Gibbs

Jacobs v. Gibbs
Supreme Court of Florida · Decided April 12, 1933 · Davis, Whitfield, Ellis, Terrell, Brown, Buford
147 So. 584; 109 Fla. 390 (Southern Reporter)

Jacobs v. Gibbs

Concurring Opinion

Davis, C. J.

(concurring) — My concurrence in the result is based solely on the holding of the case above cited, which is to the effect that a writ of prohibition cannot be used to test a mere question of venue of a suit for separate maintenance brought by a wife against her husband under our statutes.

Opinion of the Court

Per Curiam.

The demurrer to the suggestion in prohibition herein is sustained and there will ba final judgment for the defendants upon the authority of State ex rel. v. Hocker, Circuit Judge, 33 Fla. 283, 14 So. 586.

Davis, C. J., and Whitfield, Ellis, Terrell, Brown, and Buford, J. J., concur.

It is so ordered.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.