# Winter v. Mack

> Supreme Court of Florida · February 23, 1940 · 142 Fla. 1

URL: https://www.frixlaw.com/law-library/cases/3396868

## Case

- **Full name:** Henry C. Winter v. Paul MacK.
- **Court:** Supreme Court of Florida
- **Decided:** February 23, 1940
- **Citations:** 142 Fla. 1; 194 So. 225; 1940 Fla. LEXIS 1311
- **Precedential status:** Published
- **Opinion:** Dissent by Brown
- **Judges:** Chapman, Terrell, Whitfield, Buford, Brown, Thomas
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3396868

## Opinion text

Brown, J. (dissenting).
It appears to me that there is no adequate remedy at law in this case, and that the court below was correct in denying the motion to dismiss the bill. Furthermore, I think a court of equity has power to determine the legal existence of an office in a csae of this kind. See 21 C. J. 50; Sections 5446, 5447 C. G. L.; McSween v. State Live Stock Sanitary Board, 97 Fla. 749 , 122 So. 244 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3396868. Public record. Not legal advice.