W. H. MARKHAM, APPELLANT,
v.
S. C. M. THOMAS, AS SHERIFF OF MARION COUNTY, APPELLEE

Fla. | 1932-12-12
Whitfield, P.J., and Tereell and Davis, J.J., concur., Buford, C.J., and Ellis and Brown, J.J., concur in the opinion and judgment.
107 Fla. 392 Florida Supreme Court (1932) Caution
Also reported at: 144 So. 885
Cited by 4 cases

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Synopsis

The Florida Supreme Court held that a law prohibiting livestock from running at large in Marion County was constitutional but unenforceable without compliance with a specific section requiring localization of its effect. The court reversed the lower court's decree, allowing for enforcement upon future compliance.

Holding

The court held that Chapter 15328 is constitutional as a special and local law for Marion County. However, it is only enforceable after compliance with Section 8, which localizes its effect. The court found that compliance with Section 8 would address equal protection concerns.

Key Quotes

“This Court having held in the companion case to this one (S. C. M. Thomas, as Sheriff, v. Ferdinand Mills, decided at this Term) that the enforcement of Chapter 15328, Acts of 1931, Laws of Florida, prohibiting livestock from running at large in Marion County, was conditioned upon a compliance by the County Commissioners with Section 8 of the Act, the decree in this ease should be reversed on authority of the decision rendered in said companion case, and also on authority of Gill v. Wilder, 95 Fla. 901, 116 Sou. Rep. 870.”

Establishes the basis for reversal, referencing prior decisions and the conditionality of the law's enforcement.

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Facts & Procedural History

This case involved the enforcement of a Florida law (Chapter 15328, Acts of 1931) that prohibited livestock from running at large in Marion County. Th…

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Topics
Equal Protection Of The Laws

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Opinion of the Court
Per Curiam.

Per Curiam.

This Court having held in the companion case to this one (S. C. M. Thomas, as Sheriff, v. Ferdi*393nand Mills, decided at this Term) that the enforcement of Chapter 15328, Acts of 1931, Laws of Florida, prohibiting livestock from running at large in Marion County, was conditioned upon a compliance by the County Commissioners with Section 8 of the Act, the decree in this ease should be reversed on authority of the decision rendered in said companion case, and also on authority of Gill v. Wilder, 95 Fla. 901, 116 Sou. Rep. 870.

This Court holds said Chapter 15328, Acts of 1931, to be constitutional and valid as a special and local law applicable to Marion County, but that it is enforceable as such only after it has been localized in its effect to the territory of Marion County by compliance with Section 8. Compliance with said Section 8 will necessarily relieve the Act from any other constitutional objection such as has been raised in this ease to the effect that to enforce it against cattle owners of Marion County, without enforcing it, or making it effective, against cattle owners of adjoining counties, deprives Marion County cattle owners of the equal protection of the laws.

The decree herein should be reversed but with leave to enter an appropriate decree permitting enforcement of the Act conditioned upon compliance with Section 8 within a reasonable time.

Reversed and remanded with directions.

Whitfield, P.J., and Tereell and Davis, J.J., concur.

Buford, C.J., and Ellis and Brown, J.J., concur in the opinion and judgment.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Harris v. Baden, 154 Fla. 373 (Fla. 1944)
    …decided was that the cattle-owner was entitled to his injunction, there being no law then in operation that prohibited his cattle from straying into the Marion County territory. This case was followed by the decision in Markham v. Thomas, Sheriff, 107 Fla. 392, 144 So. 885, to the same effect, handed down the same day. The suit was brought by Markham, a citizen and resident of Marion County, to enjoin the sheriff from impounding certain goats owned by him which were running at large in Marion County. The…
  • Mizell v. Sweat, 182 So. 409 (Fla. 1938)
    …as to live stock straying info Duval County from adjacent counties until the provisions of Section 15 relating to fencing was complied with. Appellant contends- that the holding ,of the Chancellor should be reversed and relies on Markham v. Thomas, 107 Fla. 392, 144 So. 885; Teuton v. Thomas, 100 Fla. 78, 129 So. 330; Motes v. Hagan, 101 Fla. 995, 132 So. 676, to support his contention. We have examined these cases but do' not consider that they rule the case at bar. The controlling facts were different,…

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