Judges: TERRELL, J.:
Attorneys: Charles E. Bennett and G.P. Garrett, for appellant.
Maguire, Voorhis Wells, for appellees.
Filed: Jul. 28, 1942
Latest Update: Mar. 02, 2020
Summary: In March, 1941, appellant as complainant filed its bill of complaint in the circuit court praying that a certain contract entered into between it and appellees dated June 6, 1939, be construed and enforced, that an accounting be had and that defendants, appellees, here, be enjoined from further breaching said contract. The bill of complaint was amended and then dismissed on motion of defendants. This appeal was prosecuted. The theory of the bill of complaint is that Merchant's Hostess Service of
Summary: In March, 1941, appellant as complainant filed its bill of complaint in the circuit court praying that a certain contract entered into between it and appellees dated June 6, 1939, be construed and enforced, that an accounting be had and that defendants, appellees, here, be enjoined from further breaching said contract. The bill of complaint was amended and then dismissed on motion of defendants. This appeal was prosecuted. The theory of the bill of complaint is that Merchant's Hostess Service of ..
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Our legislature has adopted the common law in so far as it is not inconsistent with our Constitutions, State and Federal, and our Statutes. This Court cannot legislate; it can only interpret and apply the law as it actually exists. I am inclined to the view that the common law disabilities of coverture are outmoded, but such of them as are still in force and effect can only be repealed by the Legislature. See
Sec. 87, C.G.L., and Sec. 2.01 of Florida Statutes, 1941, which clearly continues in effect those common law disabilities of coverture which are not inconsistent with our Constitution and Statutes.
