Legal Opinion

Finnegan v. City of Fernandina

Supreme Court of Florida

Decided June 15, 1875PublishedCited by 17 opinions

Appeal from the Circuit Court of Nassau county, Fourth Judicial Circuit. Joseph Finnegan files his bill in the Circuit Court of Nassau county against the city of Fernandina.

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Appeal from the Circuit Court of Nassau county, Fourth Judicial Circuit. Joseph Finnegan files his bill in the Circuit Court of Nassau county against the city of Fernandina. After alleging the corporate existence of the city, he says that in October, A. D. 1860, the' said city made and executed its bond to him for the sum of $3,300, payable on or before the 4th day of October, A. I). 1863, with interest, payable annually7 at the rate of eight per cent, per annum; that the consideration for said bond was real estate situate within the said city, sold by him to the city7. That the city failing…

1Opinion of the CourtWestcott, J.

This cause was heard in the Circuit Court upon demurrer to the bill of complaint. The principal question discussed in this court was the dissolution of the municipal corporation of the city of Fernandina. The view we take of the case fenders it unnecessary to examine that question! There is no equity in the bill, and consequently the decree of the Circuit Court dismissing the bill was correct. There are three questions presented by the facts set up in the bill. These questions are:

Fi/rst. Will a court of equity enjoin the collection of taxes by a municipal corporation from the property of its…

2Cases cited4 opinions

  1. Lane County v. OregonSupreme Court of the United States · 1869
  2. Rees v. City of WatertownSupreme Court of the United States · 1874
  3. Heine v. Levee CommissionersSupreme Court of the United States · 1874
  4. Mattingly's heirs v. ReadCourt of Appeals of Kentucky · 1861

3Cited by17 opinions

  1. Gatling v. . Commissioners of CarteretSupreme Court of North Carolina · 1885
  2. Tax Commission v. National Malleable Castings Co.Ohio Supreme Court · 1924
  3. Hedge v. City of Des MoinesSupreme Court of Iowa · 1909
  4. Eastern Union Co. of Delaware, Inc. v. Moffat Tunnel Improvement DistrictSuperior Court of Delaware · 1934
  5. Oneida County v. TibbitsWisconsin Supreme Court · 1905

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