MCK. A. D. CAMPBELL, PLAINTIFF IN ERROR,
v.
F. M. GOLSON, AS RECEIVER OF THE PEOPLES BANK OF MARIANNA, A CORPORATION, DEFENDANT IN ERROR
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The Florida Supreme Court affirmed a lower court's judgment based on a stipulation that the issue was identical to a previously decided case. The court's decision was driven by the agreement between the parties.
The court held that the judgment should be affirmed, as per the parties' stipulation and the court's prior decision in a related case.
“the question involved in this case is substantially the same as that in the case of Willie T. Russ, as Administratrix of the Estate of J. W. Russ, deceased, v. F. M. Golson, as Receiver of the Peoples Bank of Marianna, a corporation, 136 So. 506, brought by writ of error to this Court, and “that the same judgment that shall be entered in the Russ Case be likewise entered in this cause. ’ ’”
This quote establishes the basis for the court's decision, highlighting the parties' agreement to be bound by a prior case.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff in error (appellant) took a writ of error to a judgment rendered in Jackson County in favor of the defendant in error. The parties filed…
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— In this cause a writ of error was taken to a judgment rendered in Jackson County in favor of the defendant in error and against the plaintiff in error. The parties have filed in this court a stipulation wherein it is agreed that the question involved in this case is substantially the same as that in the case of Willie T. Russ, as Administratrix of the Estate of J. W. Russ, deceased, v. F. M. Golson, as Receiver of the Peoples Bank of Marianna, a corporation, 136 So. 506, brought by writ of error to this Court, and “that the same judgment that shall be entered in the Russ Case be likewise entered in this cause. ’ ’
- This Court has this day affirmed the judgment rendered in the case of Willie T. Russ, as Administratrix, etc. v. F. M. Golson, as Receiver, etc., and pursuant to said agreement, we now affirm the judgment in this case.
Buford, C.J., and Wjuitfield, Terrell, Brown and Davis, J.J., concur.
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Citator
Authorities Cited
- Jacksonville Props., Inc. v. Manhattan Beach Co., 102 Fla. 839 (Fla. 1931)