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21 Fla. 577

County Commissioners v. C. E. Johnson & Co.

Supreme Court of Florida

Decided June 15, 1885

Supreme Court of Florida · decided 1885-06-15

<p>Appeal from the Circuit Court for Polk county.</p> <p>The facts of the case are stated in the opinion.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1885-06-15

How this case has been cited

Cited by 5 later decisions — most recently June 1947

5 state decisions

101885189019001910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Justice Raney

¶1delivered the opinion of the court:

¶2This is a motion for a rule upon the appellees to show cause why they should not be attached for violating a supersedeas granted by a Justice of this court.

¶3It now appears that intervening the entry of the appeal and the granting of such order the writ of mandamus was obeyed, and the appellees obtained the license to sell liquor from the Collector of Revenue. This' was of course unknown to myself or the other Justices of the court with whom I consulted and with whose concurrence I acted when I made the order.

¶4A supersedeas to a final judgment not performed stays the execution thereof, but does not undo the performance of such judgment which has been fully performed. 5th Fla.,234; 19 Wall., 661, The ruléis denied. This denial, or such performance, however, does not affect the appeal, which stands for such disposition as may be proper. 3 Otto, 150.

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