City of West Palm Beach v. State Ex Rel. Peterson

On writ of error to review judgment awarding peremptory writ of mandamus, we hold the question to be determined is as stated by the defendant in error, as follows:

“When alternative writ of mandamus issues under 'first come, first served’ rule, to enforce payment of defaulted municipal securities, and is served at time when city has on hand sufficient funds to pay such securities, the funds being the proceeds of special taxes voluntarily levied and purportedly earmarked for sole benefit of particular bondholders of relator’s general class, absent any writ of mandamus requiring such taxes to be…