State Ex Rel. Chavers v. Lee

Supreme Court of Florida
State Ex Rel. Chavers v. Lee, 166 So. 262 (Fla. 1935)
122 Fla. 638; 1935 Fla. LEXIS 1211
Whitfield, Terrell, Brown, Davis, Smith, Buford

State Ex Rel. Chavers v. Lee

Dissenting Opinion

Buford, J.

(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, Incorporated, a corporation, v. Clyde H. Simpson, as Tax Collector of Duval County, Florida.

Opinion of the Court

Per Curiam.

This case is' disposed of on the authority of the cases of State, ex rel. Lane Drug Stores, Inc., v. Simpson, Tax Collector, 122 Fla. 582, 166 So. 227, and State, ex rel. Thomas B. Adams, v. Lee, Comptroller, 122 Fla. 639, 166 So. 249. On the authority of the opinions in the cases just cited and on the authority of the case of State v. Seaboard Air Line Ry. Co., 92 Fla. 83, 109 Sou. Rep. 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.

Whitfield, C. J., and Terrell, Brown and Davis, J. J., and Frank A. Smith, Circuit Judge, concur. Buford, J., dissents.

Reference

Full Case Name
State, Ex Rel. C. Chavers and W. D. Fowhand, Co-Partners Trading Under the Firm Name and Style of Chavers-Fowhand Furniture Company, v. J. M. Lee, as Comptroller
Cited By
1 case
Status
Published