McNally v. State Ex Rel. Bond Realization Corp.

In this case, here on writ of error to a judgment in favor of relator in a mandamus proceeding brought by a bondholder against the City of Palatka to require the payment of certain bonds of which relator is the holder, the alternative writ requires the respondents to forthwith pay to relator certain moneys alleged to be in the city treasury applicable to relator's claims, and on failure to do so, to levy a tax to pay the debt the bonds represent.

No objection was made in the court below to the alternative writ as framed, either as to form or substance, so many of the objections now attempted…