D. N. HERRING
v.
FLORENCE V. COWDERY, A WIDOW, ET AL.

Fla. | 1933-06-21
Davis, C. J., and-Whitfield, Ellis, Terrell, and Buford, J. J., concur., Brown, J., dissents.
111 Fla. 153 Florida Supreme Court (1933) Positive Treatment
Also reported at: 149 So. 8
Cited by 14 cases

Opinion of the Court
Per Curiam.

Per Curiam.

This cause having heretofore been submitted to the Court upon the transcript of the record of the decere herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment *154to be given in the premises, it seems to the Court that there is no error in the said decree; it is, therefore, considered, ordered and adjudged by the Court that the said decree of the Circuit Court be, and the same is hereby affirmed.

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

Brown, J., dissents.


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Citator

Cited By (14 total)

  • …e in itself remains after the invalid provisions are stricken. Harris v. Bryan, Fla.1956, 89 So. 2d 601; Kass v. Lewin, Fla.1958, 104 So. 2d 572; State ex rel. Limpus v. Newell, Fla.1956, 85 So. 2d 124; Liggitt Co. v. Lee, 109 Fla. 477, 147 So. 463, 149 So. 8. An application of this rule leads us to consider whether the objectionable language in the loyalty oath can be eliminated without thereby destroying the remainder of the oath. We hold that it can be. The obvious legislative purpose in enacting the…
  • State v. Calhoun Cnty., 126 Fla. 376 (Fla. 1936)
    …vest the power to issue the bonds to raise the money for the construction of the bridge in the Board of County Commissioners without an approving vote by the freeholder electors of the County. The case of Louis K. Liggett Co. v. Lee, 109 Fla. 477, 149 South. Rep. 8, is cited to support that doctrine. The language of the opinion in that case merely announces the general doctrine: “If 'the objectionable part of the Act can be severed in such a way that the Legislature would be [*384] presumed to have enacted the…
  • State v. Simpson, 122 Fla. 582 (Fla. 1935)
    …jectionable part or parts of a statute, Section 18 is in our opinion the stronger and more effectual of the two. It is noteworthy that this Court, speaking through an able opinion by Mr. Justice Terrell in the case of Liggett, v. Lee, 109 Fla. 477, 149 So. 8, upheld the remaining provisions of the 1931 Chain Store Tax Act after the Supreme Court of the United States had held certain other provisions thereof invalid. It will be observed that there is a striking similarity between Sec.- 18 of Senate Bill…

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