Grove Press, Inc. v. State ex rel. Gerstein

After this appeal was briefed this court set the cause for a preliminary argument on jurisdiction.

The suit was brought by the state attorney in Dade County, under chapter 847, Fla.Stat., F.S.A., the Florida obscenity statute, to enjoin sale and distribution of the book, “Tropic of Cancer,” authored by Henry Miller and published by the appellant *178Grove Press, Inc. In a final decree which granted an injunction the chancellor passed directly on the validity of said chapter 847.1

Appellant assigned as error the court’s ruling with reference to the statute and argued the point in the brief.…