MARY LOUISE ADAMS, A WIDOW,
v.
ALEX L. DOMMERICH, ET AL.

Fla. | 1938-03-15
Ellis, C. J., and Buford, J.,- concur., Whitfield, P. J., and Brown and Chapman, J. J., concur in the opinion and judgment.
131 Fla. 782 Florida Supreme Court (1938) Positive Treatment
Also reported at: 180 So. 519
Cited by 6 cases

Opinion of the Court
Terrell, J.

Terrell, J.

The records and the briefs in this case have been examined and questions presented found to be similar to those adjudicated in Mary Louise Adams v. F. E. Adams, decided this date. Both cases grew out of the same transactions, the parties only being different.

The judgment below is accordingly affirmed on authority of the last cited case.

Affirmed.

Ellis, C. J., and Buford, J.,- concur.

Whitfield, P. J., and Brown and Chapman, J. J., concur in the opinion and judgment.


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  • Rosamond v. Mann, 80 So. 2d 317 (Fla. 1955)
    …Brach, 118 Fla. 320, 159 So. 867; and Pillans & Smith Co. v. Lowe, 117 Fla. 249, 157 So. [*320] 649. Ultimately, however, this section was held unconstitutional, because not germane to the title of the original act, in McCord v. Connor, 132 Fla. 56, 180 So. 519, and the opinion in that case specifically declared Sec. 1 of the 1905 act to be in full force and effect. The constitutionality of the 1931 amendment to F.S.A. § 83.04, supra, is not raised, and we express no opinion concerning it. The above histo…
  • Waln v. Howard, 142 Fla. 736 (Fla. 1940)
    …at will only, under Section 5431, C. G. L. 1927, which was Section Lof Chapter 5441, Acts of 1905. Defendant further contended at first that Chapter 15057, Acts of 1931, repealed Section 5431, supra; but in the case of McCord v. Connor, 132 Fla. 56, 180 So. 519, Section 1 of Chapter 15057, supra, purporting to change Section 1 of Section 5431, C. G. L. was held to be unconstitutional. Therefore, Section 1 of the original Act which appears in C. G. L. as Section 5431, is still in force. Defendant is correc…
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    …Shiep & Co. v. Amos, 100 Fla. 863, 130 So. 699; Commercial Fishermen’s Association v. Christensen, 151 Fla. 454, 10 So. (2nd) 322; Spencer v. Hunt, 109 Fla. 248, 147 So. 282 Smith v. Chase, 91 Fla. 1044, 109 So. 24, or McCord v. Conner, 132 Fla. 56, 180 So. 519. On authority of the cases above cited and for the reasons hereinabove stated, the return of the respondent is held sufficient. The motion for peremptory writ of mandamus, the answer or return of the respondent to the contrary notwithstanding, is d…

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