State Ex Rel. X-Cel Stores v. Lee

Supreme Court of Florida
State Ex Rel. X-Cel Stores v. Lee, 166 So. 574 (Fla. 1936)
122 Fla. 700
Brown, Buford, Davis, Ellis, Terrell, Whitfield

State Ex Rel. X-Cel Stores v. Lee

Opinion of the Court

Per Curiam.

In State, ex rel., v. X-Cel Stores, Inc., above, it was judicially determined that Senate Bill No. 724, Chapte 16848, Acts of 1935, was duly passed by each House of the Legislature, the opinion and judgment being concurred in by Justices Whitfield, Terrell, Buford, and Davis, Justices Ellis and Brown, dissenting.

In State, ex rel. Cunningham, v. Davis, above, it was adjudged that Senate Bill No. 724, Chapter 16848, Acts of 1935, was duly signed by the Legislative officers and duly presented to the Governor for his action thereon. It became a law upon its approval by the Governor on June 1, 1935. The opinion and judgment of the Court were concurred in by Justices Whitfield, Terrell, Buford and Davis, Justices Ellis and Brown dissented.

In State, ex rel. Lane Drug Stores, v. Simpson, and in State, ex rel. Adams, v. Lee, Comptroller, above, it was held that all of Subdivision A and only Class 1 of Subdivision B of Section 4 of Senate Bill No. 724, Chapter 16848, Acts of 1935, are valid, Class 1 of Subdivision B, covering each store in all chains of stores as well as all single stores covered by the Act. The opinion and judgment in each of the two cases were concurred in by Justices Whitfield, Terrell, Brown and Davis, Justices Ellis and Buford dissented in part as to the validity of Classes 2, 3, 4, 5 and 6 of Subdivision A of Section 4 of the Act.

The above listed cases of State, ex rel. Lane Drug Stores, Inc., v. Carswell; State, ex rel. Chavers, v. Lee, Comptroller, *702 and Chavers v. Harrell, Sheriff, were disposed of on the authority of the four cases first stated above.

Rehearing severally denied in each of the above styled' cases in which rehearing has been applied for.

It is so ordered.

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

Reference

Full Case Name
State, Ex Rel. X-Cel Stores, v. J. M. Lee, as Comptroller. Original Mandamus; State, Ex Rel. Cunningham, Et Al., v. Robert W. Davis, Jr., Et Al. Original Mandamus; State, Ex Rel. Lane Drug Stores, Inc., v. Clyde H. Simpson, as Tax Collector of Duval County Original Mandamus; State, Ex Rel. Thomas B. Adams, an Officer of the Court, Et Al., v. J. M. Lee, as Comptroller. Original Quo Warranto; State, Ex Rel. Lane Drug Stores, Inc., v. R. H. Carswell, as Tax Collector of Duval County. Original Mandamus; State, Ex Rel C. Chavers, Et Al., v. J. M. Lee, as Comptroller. Original Mandamus; C. Chavers v. John P. Harrell, Sheriff of Washington County. Original Habeas Corpus
Cited By
9 cases
Status
Published