BOYNTON v. STATE EX REL. MINCER


75 So.2d 211 (1954)

James BOYNTON et al., Appellant, v. STATE of Florida ex rel. Glenn C. MINCER, as State Attorney, and John D. Marsh, as Assistant State Attorney, Appellees.

Supreme Court of Florida. En Banc.

October 22, 1954.


Attorney(s) appearing for the Case

James S. Rainwater and O.B. White and E.S. Corlett, Miami, for appellants.

Richard W. Ervin, Atty. Gen., and Mark R. Hawes, Gainesville, for appellee.


TERRELL, Justice.

This suit was instituted by the State under Section 64.11, Florida Statutes 1951, F.S.A. to enjoin a nuisance. The complaint charges that James Boynton is the principal and the other defendants are his agents or employees and that they engaged in the business of operating a lottery and bookmaking business contrary to Section 823.05, F.S.A. A motion to dismiss the complaint was overruled, an answer was filed in which defendants declined response to...

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