Judges: PER CURIAM.
Attorneys: H.H. Wells, Stanton Walker, J. Van Wilhite, B.K. Roberts, George A. Pierce and William K. Whitfield (of Tallahassee), for Relator;
Cary D. Landis, Attorney General, H.E. Carter and J.V. Keen,
Assistants, and Henry C. Tillman, for Respondent.
Filed: Nov. 27, 1935
Latest Update: Mar. 02, 2020
Summary: This case is disposed of on the authority of the cases of State, ex rel. Lane Drug Stores, Inc., v. Simpson, Tax Collector, and State, ex rel. Thomas B. Adams, v. Lee, Comptroller, this day decided. See 122 Fla. 639 , 166 Sou. Rep. 249. The petitioner is accordingly remanded to the custody of the respondent and the habeas corpus proceedings dismissed, without prejudice to the right of the petitioner upon being arraigned, to invoke the principle that a statute that is declared unconstitutional by
Summary: This case is disposed of on the authority of the cases of State, ex rel. Lane Drug Stores, Inc., v. Simpson, Tax Collector, and State, ex rel. Thomas B. Adams, v. Lee, Comptroller, this day decided. See 122 Fla. 639 , 166 Sou. Rep. 249. The petitioner is accordingly remanded to the custody of the respondent and the habeas corpus proceedings dismissed, without prejudice to the right of the petitioner upon being arraigned, to invoke the principle that a statute that is declared unconstitutional by ..
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In this case I think the petitioner should be discharged for the reasons stated in the opinion dissenting in part in the case of State of Florida, ex rel. Lane Drug Stores, Incorporated, v. Clyde H. Simpson, as Tax Collector of Duval County, Florida.
