Stewart v. City of Deland

Supreme Court of Florida

Stewart v. City of Deland

158 So. 300, 117 Fla. 705, 1934 Fla. LEXIS 1332

CourtSupreme Court of Florida

DecidedDecember 20, 1934

Docket2805, 6, 7

StatusPublished

This text of 158 So. 300 (Stewart v. City of Deland) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stewart v. City of Deland, 158 So. 300, 117 Fla. 705, 1934 Fla. LEXIS 1332 (Fla. 1934).

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Opinion

*706 Per Curiam.

The three appeals involved in this case are identical with the appeals decided at the present term under the style of H'owarth v. City of DeLand, opinion filed therein on the -20th day of December, 1934. See page 692 of this Report.' ;

' Upon -the authority of our holding in the companion cases of Howarth v. City of DeLand, the order overruling to complainant’s bill and the order striking defendant’s answer to the bill should be affirmed and it is so ordered. The ‘order granting the complainant’s motion for entry of a decree pro confesso is, for the reasons pointed out in that opinion, reversed, and the cause thereupon remanded for further proceedings according to equity practice to be disposed of as may be according to law arid justice, and the opinion of this Court filed in the cases of' Casper Howarth and wife v. City of DeLand, hereinbefore referred to.

Affirmed in part and reversed in part át cost of appellee.

Davis, C. J., and Whitfield, Ellis, Terrell, Brown and Buford, J. J., concur.

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*706 Per Curiam.

The three appeals involved in this case are identical with the appeals decided at the present term under the style of H'owarth v. City of DeLand, opinion filed therein on the -20th day of December, 1934. See page 692 of this Report.' ;

' Upon -the authority of our holding in the companion cases of Howarth v. City of DeLand, the order overruling to complainant’s bill and the order striking defendant’s answer to the bill should be affirmed and it is so ordered. The ‘order granting the complainant’s motion for entry of a decree pro confesso is, for the reasons pointed out in that opinion, reversed, and the cause thereupon remanded for further proceedings according to equity practice to be disposed of as may be according to law arid justice, and the opinion of this Court filed in the cases of' Casper Howarth and wife v. City of DeLand, hereinbefore referred to.

Affirmed in part and reversed in part át cost of appellee.

Davis, C. J., and Whitfield, Ellis, Terrell, Brown and Buford, J. J., concur.

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Bluebook (online)

158 So. 300, 117 Fla. 705, 1934 Fla. LEXIS 1332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-city-of-deland-fla-1934.