State, Ex Rel. v. Lummus, (1933)
Court: Supreme Court of Florida
Number:
Visitors: 9
Judges: DAVIS, C. J. —
Attorneys: Hall English, for Relator;
Shutts Bowen, Stapp, Gourley, Vining Ward, Bart A. Riley
and Hudson Cason, for Respondents.
Filed: Aug. 10, 1933
Latest Update: Mar. 02, 2020
Summary: This is a proceeding in mandamus brought by the relator, the purchaser and owner of a certain tax certificate issued by the Tax Collector of Dade County, *Page 748 Florida, pursuant to a tax sale held in that county during the year 1928, for delinquent taxes for the year 1927. The object of the writ is to require the respondents, Tax Assessor, Tax Collector, Clerk of the Circuit Court and publisher of the "Miami Herald" in which the tax sale notice appeared, to correct certain alleged irregulari
Summary: This is a proceeding in mandamus brought by the relator, the purchaser and owner of a certain tax certificate issued by the Tax Collector of Dade County, *Page 748 Florida, pursuant to a tax sale held in that county during the year 1928, for delinquent taxes for the year 1927. The object of the writ is to require the respondents, Tax Assessor, Tax Collector, Clerk of the Circuit Court and publisher of the "Miami Herald" in which the tax sale notice appeared, to correct certain alleged irregularit..
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My only point of dissent is as to the sufficiency of the answer of publisher Frank B. Shutts. I am of the opinion that the affidavit of publication of the tax sale notice, as made, complied with the intent of the statute, and hence the answer of the respondent publisher should be held sufficient, and the writ denied as to him.
Source: CourtListener
