Legal Opinion

County Commissioners v. City of Jacksonville

Supreme Court of Florida

Decided June 15, 1895PublishedCited by 64 opinions

Writ oí Error to the Circuit Court for Duval county. STATEMENT. This is a proceeding by mandamus, instituted by the-City of Jacksonville against the County Commissioners of Duval county, to require them to turn over to the municipal authorities of said city one-half of the amount realized from a special tax for public roads- and bridges levied and collected on the property within the corporate limits of said city, under section 17, Chapter 4014, laws of 1891. It is alleged…

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Writ oí Error to the Circuit Court for Duval county. STATEMENT. This is a proceeding by mandamus, instituted by the-City of Jacksonville against the County Commissioners of Duval county, to require them to turn over to the municipal authorities of said city one-half of the amount realized from a special tax for public roads- and bridges levied and collected on the property within the corporate limits of said city, under section 17, Chapter 4014, laws of 1891. It is alleged in the alternative writ that the Board of County Commissioners of Duval county deemed it advissible and for the public…

1Opinion of the Court

Mabry, C. J.:

It is contended for plaintiffs in error that the proviso of section 17 of the act of 1891, Chapter 4014, the-basis for this suit, is in conflict with the Constitution in two particulars. The first one is, that the subject-matter of the proviso is not expressed in the title of' the act, as required by section 16 of Article III of the-Constitution; and the second is, that it is an attempt to divert money raised by taxation for county purposes to other and unauthorized uses, in violation of. section 5 of Article IX of the Constitution. The title-of the act in question is: “An act to…

2Cases cited15 opinions

  1. Stockton v. PowellSupreme Court of Florida · 1892
  2. Cotten v. County CommissionersSupreme Court of Florida · 1856
  3. State ex rel. Gonzalez v. PalmesSupreme Court of Florida · 1887
  4. State ex rel. Attorney-General v. GreenSupreme Court of Florida · 1895
  5. Bates v. PorterCalifornia Supreme Court · 1887

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3Cited by64 opinions

  1. State v. BryanSupreme Court of Florida · 1905
  2. Amos v. MathewsSupreme Court of Florida · 1930
  3. Stewart v. DeLand-Lake Helen Special Road & Bridge DistrictSupreme Court of Florida · 1916
  4. Fine v. MoranSupreme Court of Florida · 1917
  5. State ex rel. Buford v. DanielSupreme Court of Florida · 1924

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