The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1908-10-21
DECISIONS OF
SUPREME COURT
Those Rendered Yesterday
BY Florida Supreme
Court.

In the Supreme Court of Florida
En- Banc, June Term, A. d. 1908. H
w. Metcalf Company. corporation or
4 gained, created and existing under
and by virtue of the laws OF the state
of Florida, appellant, VS.. The County
of Orange, in the State of Florida, II
H. K Fuller and l.. w. Felden, as
County Commissioners of the County
of Orange, Florida, appellees. Orange
county.
!. Whitfield, ]. Article XIX of the
constitution provides that local OPP
/ ton elections shall be conducted in
the manner prescribed by law for hold
! ing general elections, and laws relat-
ing to such elections should conform
to the constitution.
q The ballot used in local option
elections should conform as near as
| practicable to the form used in gen.
eral elections.
8. Proceedings to test the legality
and regularity of local option cleo
tons are under the statute by bill in
equity filed for that purpose.
4. Allegations that the county
] commissioners wrongfully rejected
and refused to count the vote as legal
! 1y polled in given precinct should
be supported by allegations of facts
! to show a wrongful act causing the
| opposite results.
3. Allegations that certain named
/ persons were duly registered voters,
but were Illegally not allowed to vote
| because they had not paid their poll
| taxes when none was due by them,
are not sufficient to show illegal action
| in the absence of an allegation that
| the certificate required by the statute
was produced to the precinct inspect
ors showing the persons were legally
not required to pay poll tax.
6. The effect OF a demurrer is to
admit the truth of all the facts that
sufficiently appear by the bill Of COM
| plaint. and TO assert that in the par
| ticulars stated in the demurrer, the
| bill is insufficient to show cause OF
action. While all facts necessary to
be proven should be alleged it is suf-
J ficient il the ultimate facts be stated
without details or the circumstances
| that are comprised within or that go
to prove the ultimate facts.
| z Allegations of mere conclusions
| of law are not traVerSable, need not
, be alleged, and if alleged may be
treated as surplusage, and they are not
admitted by a demurrer, for the law
is to be ascertained by the court But
all facts sufficiently alleged and the
conclusions necessarily resulting from
facts stated, are admitted by the de-
murrer.
8. Particular allegations of bill
of complaint should be construed with
reference to other allegations OF the
bill 5a Fai ifi heffi tetT ortne particular az
ieat;ons NAV be thereby determined.
o Allegations that certain named
nersons we're allowed to vote wnen
thew were not qualified voters, an1
| had not paid their poll taxes, Lnouen
| q nolI tax was due from them as a con-
dition precedent to the right 10 vote
wban taken in connection with otner
aIIaoatious to which they relate, are
| suficient as against a demurrer tnat
facts have not been set up TO sno"
the persons were not entitled 10 Vole'
| Decree reversed
]. e. Hartidge and j. II. Jones, Ior
appellant; ]. d. Beggs and L. =. star
buck, for appellees
In the Supreme Court OF F1orao na
Division B. June Term, A. ID. lSoe
The County of Dade. Florida, George
p Raker. c. w. Mcpherson, X. IL
Wall. A. Lee Allen and A. t. Carter
as County Commissioners OF Dadt
County. Florida, and T. j. Hardee, al
Tax Collector of Dade County, Flor
/ ida, plaintiffs in error, VS.. NJ. u far
dee. defendant in error.
Parkhill. ]. The remedy anorde'
, by the provisions OF section zVoo
the general statutes of 1906 has nal
4 row snhere of action, and is nm1te
: to cases where payment shall be N
!. fused upon allegation of the illegallt
r of rae assessment. The remedy Is sun
> mary. and does not reach defects /
: the levy OF the tax.
e Judgment reversed
SEYMOUR & Atkinson, for plaintln
in error. w. I. Metcalf, for derendar
, in error
/ supreme Court of Florida, Divisio
! r June Term. A. d. 1908. Fiorio
IL East Coast Railway Company, appe
liant. VS.. Henrietta w. Taylor, Abe
Taylor. Blanche Taylor Peck, a
:. samuel H. Peck, her husband, ape
ID lees.
mandatory injunction-granted, e
= cent in rare cases, only after nm
, hearing. :,
+. Except in rare cases, where Il
right is clear and free from reaso
~ able doubt. a mandatory inJuncuo
IL commanding the defendant TO
- | some OOSlllNS act, Will hO1 o~ "
x until after final hearing, and tht
: only to execute the judgment or q
cree of the court.
Order reversed.
Geo. NJ Robbins, for appellant
y; Cooper & Cooper, for appellees.
gu In the Supreme Court OF Florit
Division A June Term, A D. 49,
III Emma King and Houston King. /
- husband, appellants, VS.. j. }. Hcot
and James c. Watson, co-partners
Hooton & Watson, appellees-
Shackleford,. c. j. l. In order
=, warrant a court of equity in enfo
"a ing a claim against a married
Ho mans separate property and subJt
,,L ing the same to sale, under the
an visions of Section > of Article IL
- the Constitution of Florida OF 1859.
:, bill mus distinctly and clearly all
20 that SUCH married woman had M
Re an agreement in writing for the be
~ fit of her separate property, mo
Iet il is not required that her huso
all should unite or join in such az