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Steuart v. State, Ex Rel., (1935)

Court: Supreme Court of Florida Number:  Visitors: 23
Judges: PER CURIAM. —
Attorneys: Alonzo B. McMullen and Ralph A. Marsicano, for Plaintiff in Error; Zewadski Pierce and Sempreviva D'Arpa, for Defendant in Error.
Filed: Apr. 23, 1935
Latest Update: Mar. 02, 2020
Summary: Mandamus proceedings in the Circuit Court brought in question the proper construction of the *Page 118 1934 Amendment to the Florida Constitution known as Section 7 of Article X of the Constitution of Florida, which reads as follows: "Section 7. There shall be exempted from all taxation, other than special assessments for benefits, to every head of a family who is a citizen of and resides in the State of Florida, the homestead as defined in Article X of the Constitution of the State of Florida u
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In view of the fact that this State had not defined "citizenship" otherwise, at the time the homestead exemption amendment was adopted I am inclined to concur in the view that the conclusion reached in the above opinion is correct. But I think it is within the power of a State, if it sees fit to do so, to confer State citizenship upon persons other than those who are born or naturalized in the United States; for instance, upon bona fide residents of Florida, who are "eligible" to become citizens of the United States. See in this connection Sec. 18 of our Declaration of Rights, and 11 Corpus Juris, 776-777. But this our State has not yet done. So I concur in the conclusion above reached.

Source:  CourtListener

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