State, ex Rel. v. Carswell

Full title: STATE, ex rel. LANE DRUG STORES, INC., v R.H. CARSWELL, as Tax Collector…

Court: Supreme Court of Florida

Date published: Feb 25, 1936

166 So. 249 (Fla. 1936)

122 Fla. 639

Opinion

Opinion Filed November 26, 1935.

Opinion on Rehearing February 25, 1936.

A case of original jurisdiction — mandamus.

Thos. B. Adams, Henry P. Adair and Knight, Adair, Cooper and Osborne, for Relator;

Cary D. Landis, Attorney General, and H.E. Carter and J.V. Keen, Assistants, and Henry C. Tillman, for Respondent.

PER CURIAM.

This case is disposed of on authority of State of Florida, ex rel. Lane Drug Stores, Inc., v. Simpson, Tax Collector, 122 Fla. 582, 166 Sou. Rep. 227, this day decided.

Demurrer to respondent's return sustained as to amended alternative writ of mandamus.

WHITFIELD, C.J., and TERRELL, BROWN and DAVIS, J.J., and FRANK A. SMITH, Circuit Judge, concur.

BUFORD, J., dissents in part.

BUFORD, J. (dissenting in part).

I dissent in part from the opinion prepared by Mr. Justice DAVIS in this case to the extent and for the same reasons set forth in the opinion dissenting in part in the case of State of Florida, ex r el. Lane Drug Stores, Incorporated, a corporation, v. Clyde H. Simpson, as Tax Collector of Duval County, Florida.