YOUNGBLOOD v. DARBY


58 So.2d 315 (1952)

YOUNGBLOOD et al. v. DARBY.

Supreme Court of Florida, en Banc.

April 15, 1952.


Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen., George E. Owen, Asst. Atty. Gen., Lewis W. Petteway, Tallahassee, David V. Kerns, Tampa, and James Whitehurst, Brooksville, for appellants.

Edward P. Mulcahy, Jacksonville, and Keen, O'Kelley & Spitz, Tallahassee, for appellee.


THOMAS, Justice.

A GMC truck and Trailmobile trailer loaded with lumber was being driven over the highways of the state when it was halted by a highway patrolman, escorted to a roadside scale, and weighed. It was found to be overloaded, and a fine was thereupon assessed. Upon failure or refusal to pay the penalty, the vehicle was seized by the patrolman and delivered to the sheriff of the county pursuant to a warrant issued under subsection 4 of Section 317.80, Florida...

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