Mansfield v. King

Supreme Court of Florida

Decided April 23, 1940

Supreme Court of Florida · decided 1940-04-23

Cited by 9 later decisions — most recently January 1975

9 state decisions

Key passage — most relied on by later courts

““I agree to the conclusion reached by a majority of the Court but with reference to that aspect of the case dealing with the consolidation of causes of action under statute, 4226, supra. I concur only because of the decision in Walker v. Smith, 119 Fla. 430 , 161 South. Rep. 551 . “It is my view that in the interest of expediting and simplifying litigation growing out of the same set of facts after final disposition of this case, a more liberal construction of the statute should be adopted, which I think is possible without doing violence to any of the rights of the litigants or to a logical interpretation of that Act.””

quoted by 1 later decision, including Bernhart v. Peebles

Relies on Walker, Et Vir. v. Smith, Eat Al.

Good law ✅— No negative treatment on recordhow we know

Decided 1940-04-23

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Thomas, J.

¶1 (concurring specially). — -I agree to the conclusion reached by a majority of the Court but with reference to that aspect of the case dealing with the consolidation of causes of action under statute, 4226, supra, I concur only because of the decision in Walker v. Smith, 119 Fla. 430, 161 South. Rep. 551.

¶2 It is my view that in the interest of expediting and simplifying litigation growing out of the same set of facts after final disposition of this case, a more liberal construction of the statute should be adopted, which I think is possible *656 without doing violence to any of the rights of the litigants or to a logical interpretation of that Act.

Terrell, C. J., Whitfield, P. J., and Chapman, J., concur.