State ex rel. Walker v. Stewart
Supreme Court of Florida
This case was decided by Division A. Writ of Error to the Circuit Court for Brevard County. STATEMENT. John R. Walker and others as County Commissioners of Brevard county, as relators, filed a petition for an alternative writ of mandamus against A. A. Stewart as clerk and. auditor of the Board of County Commissioners, alleging in substance, that at a regular meeting of said board on November 2nd. 1903, it passed the following resolution, to-wit: Resolved, that the Indian…
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This case was decided by Division A. Writ of Error to the Circuit Court for Brevard County. STATEMENT. John R. Walker and others as County Commissioners of Brevard county, as relators, filed a petition for an alternative writ of mandamus against A. A. Stewart as clerk and. auditor of the Board of County Commissioners, alleging in substance, that at a regular meeting of said board on November 2nd. 1903, it passed the following resolution, to-wit: Resolved, that the Indian River State Bank at Titusville, the Brevard County State Bank of Cocoa, The Bank of Ft. Pierce of Ft. Pierce, The Planters…
1Opinion of the CourtHocker, J.
(After stating the faots.)
We are of opinion that the substance and effect of the resolution passed by the Board of County Commissioners on the 2nd of November, 1903, when its terms were accepted and acted on by the Indian River State Bank of Titusville, amounted to an agreement or attempted contract to pay interest to the bank for the use of the money of the bank in cashing county warrants, when the county treasurer had no funds to discharge them. This court held in the case of the National Bank of Jacksonville v. *262Duval County, 45 Fla. 496, 34 South. Rep. 894, that in the absence of statutory…
2Cases cited5 opinions
- State ex rel. Fleming v. CrawfordSupreme Court of Florida · 1891
- State ex rel. Edwards v. County Commissioners of Sumter CountySupreme Court of Florida · 1886
- National Bank v. Duval CountySupreme Court of Florida · 1903
- Johns v. County CommissionersSupreme Court of Florida · 1891
- State ex rel. Norman v. D'AlemberteSupreme Court of Florida · 1892
3Cited by5 opinions
- State ex rel. Knott v. HaskellSupreme Court of Florida · 1916
- Nelson v. LindseySupreme Court of Florida · 1942
- State ex rel. Hubbard v. HolmesSupreme Court of Florida · 1907
- McKinnon v. State, ex rel. DavisSupreme Court of Florida · 1915
- State ex rel. Atlantic Coast Line Railroad v. Board of EqualizersSupreme Court of Florida · 1922