State Ex Rel. Simmons v. Harris

We review here judgment quashing alternative writ of mandamus.

The alternative writ showed the lawful issuance of bonds; that relator was the owner and holder of certain of the bonds so issued and, at the time of the issuance of the writ were past due and unpaid; that taxes sufficient to pay relators delinquent bonds had been levied and collected for the purpose of paying bonds of the issue referred to when the same should be due and payable; that the Board of County Commissioners instead of paying bonds with the money produced by such tax levy, have entered into a purported trust agreement…