Legal Opinion

Tomasello v. Board of Public Instructions

Supreme Court of Florida

Decided January 15, 1908PublishedCited by 7 opinions

This case was decided by Division A. Writ of Error to the Circuit Court for' Santa Rosa County. The facts in the case are stated in the opimon of the court.

1Opinion of the Court

Cockrell, J.,

—The board of public instruction for Santa Rosa county were awarded by the circuit court a peremptory writ of mandamus against the county commissioners of that-county ordering them to levy a tax of seven mills for county school purposes.

The sole question presented on this record is upon which body has the legislature cast the duty of determining the tax millage for county school purposes, or perhaps it may be more accurately stated does the legislation subject the decision of the board of public instruction to the discretion of the county commissioners? There is no suggestion…

2Cases cited2 opinions

  1. Jones Clerk v. State, ex rel. Board of Public InstructionSupreme Court of Florida · 1880
  2. State ex rel. Board of Public Instruction v. County CommissionersSupreme Court of Florida · 1891

3Cited by7 opinions

  1. State v. Board of Public InstructionSupreme Court of Florida · 1936
  2. State Ex Rel. Gibson v. BervaldiSupreme Court of Florida · 1931
  3. State ex rel. Board of Commissioners v. Board of County CommissionersSupreme Court of Florida · 1931
  4. Deegan v. WhiddenDistrict Court of Appeal of Florida · 1963
  5. Leonard v. FranklinSupreme Court of Florida · 1922

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