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44 Fla. 175

State ex rel. Rowe v. Martin

Supreme Court of Florida

Decided January 15, 1902

Supreme Court of Florida · decided 1902-01-15

<p>Writ of Error to the Circuit Court for Madison County.</p> <p>Dismissed by the Court.</p>

Relies on State ex rel. Vereen v. Board of County Commissioners · Broward v. Bowden

Good law ✅— No negative treatment on recordhow we know

Decided 1902-01-15

How this case has been cited

Cited by 5 later decisions — most recently April 1945

5 state decisions

3019021910192019301940decided

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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Per Curiam.

¶1This cause was referred by the court to its commissioners who report that the writ of error ought to be dismissed.

¶2The writ of error is sued out from a judgment of the Circuit Court of Madison county, rendered on September 10th, 1897, in a proceeding by mandamus to require the defendant in error, as County Judge of Madison county, to issue to the relators a license to carry on, conduct and manage a mercantile business in said county and State.

¶3An alternative writ issued and defendant in error filed his answer, to which a demurer was interposed. The court *176overruled the demurer, denied the application for peremptory writ ánd adjudged that defendant in error go without day.

¶4The time during which such license would have remained operative, if issued, has long since expired. It would, therefore, be fruitless to pass on the merits of the case on this writ of error, and it will, therefore, be dismissed. Broward v. Duval Athletic Club, 39 Fla. 751, 23 South. Rep. 489; State ex rel. Vereen v. Commissioners of Marion County, 27 Fla. 438, 8 South. Rep. 849.

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