Legal Opinion

Ex parte Pitts

Supreme Court of Florida

Decided January 15, 1895PublishedCited by 14 opinions

BRIEF OF PETITIONER’S ATTORNEY. The court in ascertaining the intention of the Legislature in enacting a law which is attacked as being-illegal and unconstitutional should look to contemporaneous legislation enacted by the same body, on the-same subject, either before the passage of said law, or afterwards. See Sutherland on Statutory Construction, sec. 288; Bishop Sta.

Read the full summary

BRIEF OF PETITIONER’S ATTORNEY. The court in ascertaining the intention of the Legislature in enacting a law which is attacked as being-illegal and unconstitutional should look to contemporaneous legislation enacted by the same body, on the-same subject, either before the passage of said law, or afterwards. See Sutherland on Statutory Construction, sec. 288; Bishop Sta. Crimes, sec. 82, 15 Fla., pp. 355. Art. XIX of the Con. of the State of Fla. authorizes-the county commissioners of any county in the State, upon the written application of one-fourth of the registered voters of such county,…

1Opinion of the Court

Mabry, C. J.:

In Ms petition for habeas corpus, Henry Pitts alleges that he is unlawfully detained in custody by the sheriff of Polk county under a capias issued out of the county court of said county on an information filed in said court on the 4th day of December, 1894, a copy of the information being attached as an exhibit to the petition. The information was filed in the county court of the county of Polk on the 4th day of December, 1894, by the prosecuting attorney for said county against the petitioner, and it is therein alleged that on the 5th day of April of that year an election was…

2Cases cited7 opinions

  1. State ex rel. Lamar v. DillonSupreme Court of Florida · 1893
  2. Ex parte PrinceSupreme Court of Florida · 1891
  3. Ex-parte BowenSupreme Court of Florida · 1889
  4. English v. StateSupreme Court of Florida · 1893
  5. Bell v. KendrickSupreme Court of Florida · 1889

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. State v. BryanSupreme Court of Florida · 1905
  2. Ex parte SeniorSupreme Court of Florida · 1896
  3. Hayes v. WalkerSupreme Court of Florida · 1907
  4. Bronk v. StateSupreme Court of Florida · 1901
  5. Sneed v. MayoSupreme Court of Florida · 1953

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API