Legal Opinion · Concurrence

Holland v. State

Supreme Court of Florida

Decided January 15, 1876Published

,1 Appeal from Duval Circuit Court, Fourth Judicial Circuit, . . ■- , The points in this case are fully explained in the briefs of counsel and the opinion of the court, ■ , ;

1Concurrence

Bryson

concurring:

The first question for us to decide is, has Holland any interest in the subject-matter of this suit? He alleges in his answer that he purchased the franchise of the' Jacksonville, Pensacola & Mobile Railroad Company, or, at least, the equity 6f redemption. To this allegation there is a demurrer, which was sustained in the court below, and upon which this appeal is prosecuted. The demurrer then admits the facts and raises the issue of law, which it is our duty to decide. That a franchise cannot be sold under a fi. fa. has been determined so often, at least in this country,…

2Cases cited2 opinions

  1. Marsh v. Fulton CountySupreme Court of the United States · 1871
  2. In re the Executive Communication of the 6th of February, A. D. 1871Supreme Court of Florida · 1870

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