Opinion

Wicker v. the Board of Public Instruction

156 Fla. 7
22 So. 2d 255
1945 Fla. LEXIS 732

Court: Supreme Court of Florida
Filed: May 22, 1945
Status: Published
Author: Brown
On the bench: Buford, Chapman, Terrell, Thomas, Adams, Brown, Sebring
Cited by: 4 cases
Authority: More cited than 37.8%

The opinion

BROWN, J.,

dissenting:

I think the appellant’s only remedy, if any, is in equity under the doctrine laid down in Special Tax School District v. Hillman, 131 Fla. 725 , 179 So. 805 . In view of our decisions in Babcock v. Board of Public Instruction of Dade County and First National Bank of Key West against the same board, cited, in the opinion of Mr. Justice BUFORD, I do not see how the trial court could have rendered any judgment in favor of appellant on these notes, which were of the same series as those sued on in the two cited cases.

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