Merrill v. City of Miami

Appellant Merrill, by direct appeal brings for review a final decree denying an injunction against enforcement of Chapter 10847, Laws of Florida, 1925, and City of Miami Ordinance No. 6945.

From an examination of the final decree we are unable to determine whether the Chancellor passed directly on the validity of Chapter 10847, supra, although admittedly, the appellant, who was plaintiff below, assaulted the validity of this statute by his complaint.

By the final decree' the Chancellor appeared to recognize the statute. However, without expressing a direct opinion as to its validity, he held…