STATE, EX REL. CARY D. LANDIS, ATTORNEY GENERAL,
v.
PAUL C. ALBRITTON
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This case, a companion to State v. Thompson, involves a demurrer to a respondent's return. The Florida Supreme Court sustained the demurrer, granting the respondent leave to amend their return within thirty days, or face a judgment of ouster.
The demurrer to the respondent's return is sustained. The respondent is granted leave to amend or plead over within thirty days.
“Upon authority of the holding of that case the demurrer to the respondent's return is sustained with leave to plead over or to amend same in all particulars not inconsistent with the holding? of this Court in its opinion filed in said companion case hereinbefore cited same to be filed within thirty days from this date, in default of which amendment let judgment of ouster against respondent be entered on the demurrer hereby sustained.”
This quote establishes the court's decision to sustain the demurrer and the conditions for the respondent to avoid a judgment of ouster.
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Join FLexlaw to unlock all legal intelligenceThis case is a companion proceeding to State, ex rel. Landis, Attorney General, v. Uly O. Thompson. The core issue revolves around a demurrer filed by…
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This is a companion proceeding to that disposed of under the title of State, ex rel. Landis, Attorney *746General, v. Uly O. Thompson, 120 Fla. 860, 163 Sou. Rep. 270, opinion filed September 18, 1935, rehearing denied November 14, 1935. See: 121 Fla. 561, 164 Sou. Rep. 192. Upon authority of the holding of that case the demurrer to the respondent’s return is sustained with leave to plead over or to amend same in all particulars not inconsistent with the holding? of this Court in its opinion filed in said companion case hereinbefore cited same to be filed within thirty days from this date, in default of which amendment let judgment of ouster against respondent be entered on the demurrer hereby sustained.
Demurrer to respondent’s return sustained with leave to amend or plead over.
Whitfield, C. J., and Ellis, Terrell, Brown, Buford and Davis, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Uly O. Thompson, 120 Fla. 860 (Fla. 1935)
- State v. Uly O. Thompson, 121 Fla. 561 (Fla. 1935)
- State v. Lee, 121 Fla. 550 (Fla. 1935)