The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-03-26

16. Remote, speculative or excessive
damages should not be allowed.
Judgment reversed.
Price & Lewis and w. B. Farley
for plaintiff In error; Paul Carter and
c. L. Wilson. for defendant in error.
Escambia county.
In the supreme court Of Florida, en-
banc. June term. A d. 1910. The PEN
sacola EleoGric Company, a corpora
ton plaintiff In error, vs.. Gus A. Sod
erlind, as administrator of the estate
of Gus A. Soderlind, deceased, defen-
dant In error Escambia County, Whit
field, c. J.
1. II cause can be fully disposed
OF without adjudicating constitutional
questions raised therein, the courts
win generally ignore such questions
and dispose OF the case on other
grounds.
| q. At common law q cause of ac-
ton accruing to a plaintiff individ-
ually cannot be Joined with one ac-
crutng to him in a representative ca
pacity. though the two arise of the
| same occurrence.
8. Causes of action that exist In
favor OF person individually and as
an administrator or executor Of the
ESTATE of another are not Gin the same
right" within the meaning Of the stat
ute permitting causes of action to be
Joined. In the former, the recovery
Is In . personal capacity, and IN the
latter the recovery is in a representa-
tive capacity-in the right of another
Il cause OF action accruing to
the father OF q deceased minor child
under section S147 of the General
Statutes and cause Of action accru-
ing to the administration Of a dece-
dent under section 3145 and S14e of
the General Statutes cannot be Joined
In the same declaration.
s. Where causes of action are i'm
properly Joined in a declaration and a
general Judgment for the PLAINTIFF is
rendered therein, the Judgment win be
reversed.
Judgment reversed
Shackleford. Jr., dissenting: Blount
& Blount & Carter, for PLAINTIFF in
error; ]. P. Stokes and r. p. Reese.
for defendant in error.
Santa Rosa County.
In the supreme court of Florida, al
vision A, January term, A. d. 1911.
William Ates, appellant, va. John L.
Langley, appellee, Santa Rosa County,
Per Curtain.
The entry of appeal in this cause
was filed and recorded on July z, 1910,
and made returnable October 9Th,
1910.
Chapter 56ss, acts Of 1907, requires
that writ Of error shall be return
able to day either In term time or
vacation more than thirty days and not
more than ninety days from the date
of the writ" Under section 1919, of
the General Statutes Of 1906, an appeal
in a chancery cause is governed as to
the return day by the provisions as to
writs Of error. Parker VS.. Evening
News Publishing Co., "a Fla, 4s2. ~
South, Rep, us.
As October 9Th is ''fnore than ninety
days from the date Of the appeal" the
entry OF appeal is not made in ac-
cordance with the statute and the ap-
peal is dismissed.
- Whitfield, C. J., and Shackelford and
Coclrell. J. j.. concur; Taylor. Hooker
and Parkhili, J. j., concur in the
h La a appellee. Santa Rosa cor am :, |
ere an entry Of appeal r. e,aa
anN recoroed on July 9TH and me-
e'knaDle October 9Th, the appeal viii
ue tsHissed, as the statute ran,,,.as
.n9eeurn DAY to be more than t5irt.,
ga ana not more than ninety d.s.
trG 'ne date Of the appeal, the perioS
Tuiy TIN to October 9Th bains s
mq than ninety days.
PEAL dismissed. r
g McGeaghy. for appe,iant.
. wv Clark, for appellee.
Il Leon County. II
{ supreme court Of Florida A. G
r VI a. January term, A. ID. ie11
z Aner1can Industrial a BAnaet
e zaoh OF the United States os y
It corporation, plainttns ~
: the State OF Florida. IA
y, Al error Leon County, shach- Va
1T nuer the provision of seef,o,. II
bel OF article TX of the stata cnrs err
l. IN, only two classes Of taxes So Il
aa IN this state, an ad vaIorena Pr
b. tax on license. gu
a. fapter 5459 Of the laws ~ Tong J
ey ana regulating Sick ana FI,n' POI
n enl Insurance." is not repeaIea enc
yer oos7 OF the acts of TaoT out
n TWO chapters must be con- pro
ed fsetner. The taxes provided pro
civ oh chapter were intended as sue
~. axes and are properly "a haIa as
~, visions of each chan+s~ -. pou
aro lied with. ana a a1sN,. prize
,h- REQUIREMENTS of chapter 5lso ~
TT. payment or all the license VI
nst sosed by section thereon a. Pari
us' situte a defense to -, W the
lac- pugnt by the state to recovar
ent or the gross amount Of In
nry premiums from policyho,s- visfo
In+v state, imposed by sub-ds. Colul
aro of chapter 5597 upon cow ror,
re- associations doing business corpe
pier 545s. 10sS son !
.%aIv II no express lirnt4a4io,, ton !
power Of the leefsiafrr. e and
-. TAX on licenses: but $50, town
res "a not be 50 exercised as to scribe
Odd Person OF property without ton
ha.s OF law, or SO as tn &C. lots q
- Jon the equal protec+so-, :. that
80 have
affirmed. porati
80 Oven J. W. Archfba,d go filed 4
osses 3. for PLAINTIFF In error. cation
peL. Attorney General -. f. Con
- circuit
- kekson Coun4,, nying
.s1.1x-ser,. court
sl..Inua- % florida d. the cir