State, Ex Rel. v. Butts Ragan v. Peacock
Supreme Court of Florida
By the return the respondent in effect admits the allegations of fact contained in the alternative writ but denies that said Chapter 16252, Acts of 1933, is unconstitutional, null and void, and says that even if certain other sections thereof may be of questionable validity, only Section 1 of such Act is involved in this proceeding and that Section 1 can readily be severed from the remainder of said Act and given full effect and operation.
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By the return the respondent in effect admits the allegations of fact contained in the alternative writ but denies that said Chapter 16252, Acts of 1933, is unconstitutional, null and void, and says that even if certain other sections thereof may be of questionable validity, only Section 1 of such Act is involved in this proceeding and that Section 1 can readily be severed from the remainder of said Act and given full effect and operation. The relator moved for a peremptory writ notwithstanding the return, upon the ground that the return states no cause or reason why said peremptory writ…
1Opinion of the CourtWhitfield, J.
In the three cases here considered together the constitutional validity of a legislative enactment known as the “Futch Bill,” Senate Bill No. 597, Chapter 16252, Acts of 1933, copied in the statement filed herewith, is challenged as it affects the rights of an applicant to purchase a tax sale certificate, of a holder of a certificate of indebtedness issued by a county board of public instruction and of a citizen taxpayer. See 3rd head note, State ex rel. Dofnos Corp. v. Lehman, 100 Fla. 1401; 131 Sou. Rep. 333, for the authority of a tax payer to maintain such a proceeding. The general…
2Cases cited7 opinions
- In re Seizure of 7 Barrels of WineSupreme Court of Florida · 1920
- Townsend Burns Ridgeway v. ReeseSupreme Court of Florida · 1930
- State Ex Rel. Dofnos Corp. v. LehmanSupreme Court of Florida · 1930
- Ranger Realty Co. v. MillerSupreme Court of Florida · 1931
- Townsend Burns Ridgeway v. PeacockSupreme Court of Florida · 1930
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3Cited by31 opinions
- State v. FranklinDistrict Court of Appeal of Florida · 2003
- Anglo California National Bank of San Francisco v. LelandCalifornia Supreme Court · 1937
- Islais Co., Ltd. v. MathesonCalifornia Supreme Court · 1935
- State Ex Rel. Maxwell Hunter, Inc. v. O'QuinnSupreme Court of Florida · 1934
- Messer v. Lang Messer v. LeeSupreme Court of Florida · 1937
26 more not listed; retrieve them via the Exa API.