Legal Opinion

Saunders v. Provisional Municipality

Supreme Court of Florida

Decided June 15, 1888PublishedCited by 12 opinions

Appeal from the Circuit Court for Escambia county Judge Finley, of the Fifth Circuit, sat in place of the Chief-Justice, who was disqualified.' The appellant applied to the Circuit Judge, by petition under the statute, to have declared not lawfully made the assessment for taxes by the Provisional Municipality of Pensacola, of certain real estate of petitioner, alleging that said realty was not within the bounds of said municipality at the time the assessment was made.

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Appeal from the Circuit Court for Escambia county Judge Finley, of the Fifth Circuit, sat in place of the Chief-Justice, who was disqualified.' The appellant applied to the Circuit Judge, by petition under the statute, to have declared not lawfully made the assessment for taxes by the Provisional Municipality of Pensacola, of certain real estate of petitioner, alleging that said realty was not within the bounds of said municipality at the time the assessment was made. The appellee answered that the said property had been brought within the limits of said municipality by an ordinance thereof,…

1Opinion of the CourtJustice Raney

I. The first point involved in this case is whether or not a Provisional Municipality, instituted and existing under the provisions of Chapters 3606 and 3607, of the laws of 1885, can extend its territorial limits- in the manner provided by section 2, of Chapter 3163, Laws of 1879, amending the general incorporation act of February 4th, 1869, sec. 44, p. 255, McC.’s Digest.

The cities and towns to which the provisions of the above acts of 18S5 are applicable, repealing their charters, are those incorporated under the act of 1869 and having an indebtedness to the amount of $200,000 and…

2Cases cited2 opinions

  1. Gibson v. StateSupreme Court of Florida · 1877
  2. Basnett v. City of JacksonvilleSupreme Court of Florida · 1883

3Cited by12 opinions

  1. State v. BryanSupreme Court of Florida · 1905
  2. City of Jacksonville v. LedwithSupreme Court of Florida · 1890
  3. State v. City of JacksonvilleSupreme Court of Florida · 1951
  4. Miami Bridge Company v. State R. R. CommissionSupreme Court of Florida · 1944
  5. Buchanan v. StateDistrict Court of Appeal of Florida · 1959

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