City of Pensacola v. Southern Bell Telephone Co.
Supreme Court of Florida
This case was decided by Division B. Writ of Error to the Circuit Court for Escambia County. ' STATEMENT. The plaintiff in error sued the defendant in error in the Circuit Court of Escambia County and filed the following declaration, omitting the caption: “The plaintiff by its attorney, John B. Jones, sues the defendant: 1. Because the plaintiff is, and has been for more than twenty years last past, a municipal corporation of the State of Florida, located in the county of…
Read the full summary
This case was decided by Division B. Writ of Error to the Circuit Court for Escambia County. ' STATEMENT. The plaintiff in error sued the defendant in error in the Circuit Court of Escambia County and filed the following declaration, omitting the caption: “The plaintiff by its attorney, John B. Jones, sues the defendant: 1. Because the plaintiff is, and has been for more than twenty years last past, a municipal corporation of the State of Florida, located in the county of Escambia in said Htate, and the defendant is, and has been for more than two years last past, a corporation doing business…
1Opinion of the CourtHocker, J.
(After stating the facts.)
In. support of the ruling on the demurrer the defendant-in ,error contends: 1st. That the declaration was bad because (a) it does not show that the city had any authority to rent the streets, alleys and other public places in the city of Pensacola, and, because (b) it does not allege that the pole rental charged in said ordinance (Exhibit “A” of the declaration) was reasonable in amount; and that the demurrer to the plea reached back to these defects in the declaration.
2nd.- That the plea in itself was good.
It is not disputed, that the ordinance attached to the…
2Cases cited12 opinions
- St. Louis v. Western Union Telegraph Co.Supreme Court of the United States · 1893
- St. Louis v. Western Union Telegraph Co.Supreme Court of the United States · 1893
- Western Union Telegraph Co. v. Borough of New HopeSupreme Court of the United States · 1903
- City of Jacksonville v. LedwithSupreme Court of Florida · 1890
- Postal Telegraph-Cable Co v. New HopeSupreme Court of the United States · 1904
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Marriott Corp. v. Metropolitan Dade CountyDistrict Court of Appeal of Florida · 1980
- City of Hartford v. Connecticut Co.Supreme Court of Connecticut · 1928
- State Ex Rel. Osborn v. City of McAllenTexas Supreme Court · 1936
- City of Mitchell v. Dakota Central Telephone Co.South Dakota Supreme Court · 1910
- Moon v. SmithSupreme Court of Florida · 1939
3 more not listed; retrieve them via the Exa API.