STATE, EX REL. CARY D. LANDIS, ATTORNEY GENERAL, AND B. W. STRICKLAND,
v.
THOMAS E. SWANSON

Fla. | 1936-01-02
Whitfield, C. J., and Terrell, Brown and Davis, J. J., concur., Buford, J., concurs specially.
122 Fla. 315 Florida Supreme Court (1936) Positive Treatment
Also reported at: 165 So. 272
Cited by 9 cases
Opinion of the Court
Adams, Circuit Judge.

Adams, Circuit Judge.

This is a companion case of that of State of Florida, ex rel. Cary D. Landis, as Attorney General, and E. K. DeLoach, Relators,v. Maxwell Baxter, Respondent, decided this term.

For the same reasons as stated in the cited case it is the judgment of the Court that the motion to quash the writ of quo warranto and the information upon which it was based should be, and the same is hereby granted and sustained.

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

Buford, J., concurs specially.

Buford, J.

(concurring specially). — I think the judgment in this case should be without prejudice to the rights of any person which may have accrued under authority of the provisions of Chapter 17509, Special Acts of 1935.

Concurrence
Buford, J.

Buford, J.

(concurring specially). — I think the judgment in this case should be without prejudice to the rights of any person which may have accrued under authority of the provisions of Chapter 17509, Special Acts of 1935.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • State v. Coleman, 137 Fla. 80 (Fla. 1938)
    …convicted petitioner may procure his release in habeas corpus proceedings, although the same end might be accomplished by direct review on writ of error to the judgment of conviction. In the case of State, ex rel. Stewart, v. Coleman, 122 Fla. 368, 165 Sou. 272, we said: “The witness is not within the jurisdiction of the court until he has been served with process and without the service of process, or some valid order of court, the witness is not required to testify. And, when served with process, or som…
  • Coleman v. State, 134 Fla. 802 (Fla. 1938)
    …da, or any crime or offense against, or violation of, the common law in force in the State of Florida. Counsel cites or relies on the authorities, viz.: Campbell v. State 92 Fla. 775, 109 So. 809; State, ex rel., Stewart v. Coleman, 122 Fla. 368, 165 So. 272; In re: Shaw, 172 Fed. 520; People, ex rel., Livingston v. Syatt, 186 N. Y. 383, 79 N. E. 330. In the case of State, ex rel., Stewart v. Coleman, supra, Anna Stewart was subpoenaed to appear before the grand jury of Dade County, Florida, on June…
  • McCOY v. State, 338 So. 2d 52 (Fla. 4th DCA 1976)
    …or some valid order of the court, a person is not required to testify about other matters or before other courts, or the officers or agencies thereof, except those named in the process or court order. State ex rel. Stewart v. Coleman, 122 Fla. 368, 165 So. 272 (1936). In the instant case appellant-defendant, Linda McCoy, was charged with perjury by contradictory-statements, one of which statements was made during interrogation by police officers without the presence of the state attorney or his assistant…

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