Legal Opinion

Cotten v. County Commissioners

Supreme Court of Florida

Decided January 15, 1856PublishedCited by 56 opinions

Appeal from Leon Circuit Court sitting in Chancery. Appellants filed their bill for an injunction to restrain the County Commissioners of Leon County from levying and collecting a tax imposed by them to meet an instalment of stock subscribed by the County in the Pensacola and Georgia Bailroad Company. On presenting the bill, an injunction was granted, which however, was dissolved on the coming in of the answer, and the bill was dismised.

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Appeal from Leon Circuit Court sitting in Chancery. Appellants filed their bill for an injunction to restrain the County Commissioners of Leon County from levying and collecting a tax imposed by them to meet an instalment of stock subscribed by the County in the Pensacola and Georgia Bailroad Company. On presenting the bill, an injunction was granted, which however, was dissolved on the coming in of the answer, and the bill was dismised. The question presented by the pleadings for the decision of the Court, is, whether the General Assembly has the constitutional power to confer upon counties…

1Opinion of the Court

DUPONT J.,

delivered, the opinion of the Court.

It would prove but a useless waste of words—an unprofitable expenditure of time—to engage in any labored effort to impress the importance of the question presented by this case for the adjudication of the court.

The bare announcement that it- involves the construction and interpretation to be given to certain clauses of the Constitution of the State—the fundamental law of the land—the embodiment of the delegated sovereignty of the people—is a sufficient guarantee that it has received at the hands of the court that calm, thorough and anxious…

2Cases cited2 opinions

  1. Cooper v. TelfairSupreme Court of the United States · 1800
  2. Talbot v. DentCourt of Appeals of Kentucky · 1849

3Cited by56 opinions

  1. State v. BryanSupreme Court of Florida · 1905
  2. State Ex Rel. Nuveen v. GreerSupreme Court of Florida · 1924
  3. Stewart v. DeLand-Lake Helen Special Road & Bridge DistrictSupreme Court of Florida · 1916
  4. County Commissioners v. KingSupreme Court of Florida · 1869
  5. Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871

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