Town of Ormond v. Shaw
Supreme Court of Florida
This case was decided by Division A. Writ of Error to the Circuit Court for Volusia County. STATEMENT. On October 23rd, 1903, a petition was filed in the Circuit Court for Volusia county under the provisions of Chapter 5197 acts of 1903, in which it is alleged that Hiram B. Shaw and more than twelve other named persons “constitute three-fourths of the owners of land in fractional sections 10 and 11, T. 14 S., R. 32 E, on the east side of the Halifax river in Volusia county,…
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This case was decided by Division A. Writ of Error to the Circuit Court for Volusia County. STATEMENT. On October 23rd, 1903, a petition was filed in the Circuit Court for Volusia county under the provisions of Chapter 5197 acts of 1903, in which it is alleged that Hiram B. Shaw and more than twelve other named persons “constitute three-fourths of the owners of land in fractional sections 10 and 11, T. 14 S., R. 32 E, on the east side of the Halifax river in Volusia county, Florida, which said fractional sections are subdivided and mapped as ‘B'ellewood,’ ‘Assessors Triton Beach’ and ‘Triton…
1Opinion of the Court
Whitfield, J.,
(after stating the facts). The first ground of the demurer to the petition is that it fails to show any interest that requires the joinder therein of several of the petitioners. Among the petitioners are the names of men who join with their wives and also the names of a widow and an executrix, while the petition shows the wives in one case, and the deceased husband and testator in the other to be the owners of the property sought to be excluded from the municipality. It is urged that where the wives own the property sought to be excluded from the municipality the husbands should…
2Cases cited1 opinion
- City of Jacksonville v. L'EngleSupreme Court of Florida · 1883
3Cited by11 opinions
- State v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
- City of Jacksonville v. BowdenSupreme Court of Florida · 1914
- State Ex Rel. Attorney General v. City of Avon ParkSupreme Court of Florida · 1933
- State Ex Rel. Landis v. Town of Boynton BeachSupreme Court of Florida · 1937
- McMullen v. Newmar Corp.Supreme Court of Florida · 1930
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