Legal Opinion

Canova v. State ex rel. Commissioners

Supreme Court of Florida

Decided January 15, 1882PublishedCited by 20 opinions

Appeal from the Circuit Court for Columbia county, the cause having been transferred from Baker county. The relators, as County Commissioners of Bradford county, applied for a writ of mandamus against respondents, as County Commissioners of Baker county, to compel them to issue certain bonds. The writ having been granted,directing the issuing of the bonds and the levying of taxes to meet the principal and interest thereon, the respondents appealed.

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Appeal from the Circuit Court for Columbia county, the cause having been transferred from Baker county. The relators, as County Commissioners of Bradford county, applied for a writ of mandamus against respondents, as County Commissioners of Baker county, to compel them to issue certain bonds. The writ having been granted,directing the issuing of the bonds and the levying of taxes to meet the principal and interest thereon, the respondents appealed. In or about the year 1856 the county of Columbia, under the Internal Improvement Act of January 6, 1855, subscribed for one thousand shares of the…

1Opinion of the Court

The Chief-Justice

delivered the opinion of the court.

It is not a question open to controversy that when a political community, like a county, city or town, shall be divided and its territory reduced or sét apart by legislative authority, the Legislature may make regulations not only to apportion the property of the corporate body among the new members or communities created, but to throw the obligation to pay the debts of the entire body upon the several parts in proportion to the taxable wealth of each. This was sufficiently considered in the case of the County Commissioners vs. King, 13…

2Cases cited2 opinions

  1. County Commissioners v. KingSupreme Court of Florida · 1869
  2. Commercial Bank v. Canal CommissionersCourt for the Trial of Impeachments and Correction of Errors · 1832

3Cited by20 opinions

  1. Rountree v. State Ex Rel. Georgia Bond & Mortgage Co.Supreme Court of Florida · 1931
  2. Gray v. MossSupreme Court of Florida · 1934
  3. State ex rel. Kittel v. JenningsSupreme Court of Florida · 1904
  4. Johnson v. County of WakullaSupreme Court of Florida · 1891
  5. State ex rel. County Commissioners v. County CommissionersSupreme Court of Florida · 1884

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