ISAAC A. STEWART
v.
CITY OF DELAND
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The Florida Supreme Court affirmed in part and reversed in part a lower court's orders in three identical appeals, relying on a prior decision in a companion case. The court upheld the overruling of a complainant's bill and the striking of a defendant's answer, but reversed the order granting a decree pro confesso.
The Court affirmed the orders overruling the complainant's bill and striking the defendant's answer. However, it reversed the order granting the complainant's motion for a decree pro confesso.
“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.”
Establishes that the current case is a companion case to a previously decided one.
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Join FLexlaw to unlock all legal intelligenceThis case consolidated three identical appeals. The core dispute involved orders related to a complainant's bill and a defendant's answer. One order o…
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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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Kathleen Citrus Land Co. v. City of Lakeland, 124 Fla. 659 (Fla. 1936)…rced by the necessities of the situation to use its taxing power to relieve the people from the oppressive burden. See Brash v. State Tuberculosis Board, 124 Fla. 167, 167 South. Rep. 827. In the case of State v. City of Daytona Beach, 118 Fla. 29, 158 South. Rep. 300, where the city obtained a loan from the United States Government with which to construct certain additions and improvements to its' water supply system the court held the certificates valid on the theory that the city charter empowered the city in…
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The Cnty. of Leon v. State, 122 Fla. 505 (Fla. 1936)…S., that this feature of the arrangements brings the present situation within the rule of State v. City of Miami, 113 Fla. 280, 152 Sou. Rep. 6; State v. City of Lake City, 116 Fla. 10, 156 Sou. Rep. 924; State v. City of Daytona Beach, 118 Fla. 29, 158 Sou. Rep. 300, wherein the present funding of corporate water revenue certificates' without the necessity of a .freeholders’ election to approve same, was upheld as; valid, notwithstanding Amended Section 6 of Article IX of the State Constitution. Stated another…
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Williams v. The Town of Dunnellon, 125 Fla. 114 (Fla. 1936)…peration of the utility or facility, a tax or property liability or charge being expressly excluded. State v. City of Miami, 113 Fla. 280, 152 So. 6; State v. City of Lake City, 116 Fla. 10, 156 Sou. 924; State v. City of Daytona Beach, 118 Fla. 29, 158 So. 300; Wilson v. City of Bartow, 124 Fla. 356, 168 So. 545; State v. City of Clearwater, 124 Fla. 354, 168 So. 546; State v. City of Punta Gorda, 124 Fla. 512, 168 So. 835; Leon County v. State, 122 Fla. 505, 165 So. 666; Tapers v. Pichard, 124 Fla. 549,…
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