Howard v. State Ex Rel. McGarry

THOMAS, Justice.

This is a petition for mandamus to requireS. B. Howard, as city clerk of the city of Florence, Ala., to accept as payment of paving assessment, improvement bonds of that municipality on the same project, at their face value, pursuant to an ordinance of the municipality passed in compliance with the act of the Legislature of date of September 30, 1932.

The Act of September 30, 1932, amending section 2216 of the Code, as amended by Act September 10, 1927, pages 753, 769, § 45, contains, among others, the following provision r “In all cases where the property owner does not elect…