State, Ex Rel. v. City of Largo, (1933)
Court: Supreme Court of Florida
Number:
Visitors: 16
Judges: KOONCE, Circuit Judge. —
Attorneys: C. E. Ware, Kelly Casler, Phillips Thompson, Macfarlane Pettingill, Macfarlane Fowler, for Plaintiffs in Error;
George L. Brown and Bussey, Mann Barton, for Defendant in Error.
Filed: May 02, 1933
Latest Update: Mar. 02, 2020
Summary: The line between judicial interpretation and legislative enactment is so thin that courts always approach with the utmost caution the duty of declaring a statute invalid. It is a rule well established that where the constitutionality of an Act is in doubt such doubt must be resolved in favor of its validity. As a general rule courts will not declare an Act of the Legislature invalid because it may be violative of the best policy, nor because it may be harsh in enforcement, nor because it is mani
Summary: The line between judicial interpretation and legislative enactment is so thin that courts always approach with the utmost caution the duty of declaring a statute invalid. It is a rule well established that where the constitutionality of an Act is in doubt such doubt must be resolved in favor of its validity. As a general rule courts will not declare an Act of the Legislature invalid because it may be violative of the best policy, nor because it may be harsh in enforcement, nor because it is manif..
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I think the petition for re-hearing should be granted for the purpose of considering the question as to whether or not our previous opinion and decision should be modified so as to hold that only that section of the re-incorporating Act of 1925, setting forth the boundaries of the municipality, was and is unconstitutional, leaving undecided the question of the constitutionality vel non of the Act as a whole as being unnecessary to a decision of this case.
Source: CourtListener
