Legal Opinion

Cheney v. Jones

Supreme Court of Florida

Decided July 15, 1874PublishedCited by 28 opinions

Appeal from the Fourth Judicial Circuit, Duval County. The bill iu this case was filed for the purpose of enjoining the collector of revenue of JDnval county from selling tbe complainants’ lands for an unpaid- tax levied under the provisions of the acts of 1871 and 1873, upon tlxe grounds that the tax is not warranted by law on account of the unconstitutionality of those acts.

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Appeal from the Fourth Judicial Circuit, Duval County. The bill iu this case was filed for the purpose of enjoining the collector of revenue of JDnval county from selling tbe complainants’ lands for an unpaid- tax levied under the provisions of the acts of 1871 and 1873, upon tlxe grounds that the tax is not warranted by law on account of the unconstitutionality of those acts. The bill alleges that at the' close of the fiscal year ending October 31, A. D. 1867, prior to the adoption of the present Constitution in 1868, the indebtedness of the Sítate was about $153,239.95, according to the…

1Opinion of the CourtRandall, C. J.

Article XII, section 2 of the Constitution of Florida, reads as follows : “ The Legislature shall provide for raising revenue sufficient to defray the expenses of the State for *606each fiscal year, and also a sufficient sum to pay the principal and interest of the existing indebtedness of the State.”

“ Section 7. The Legislature shall have power to provide for issuing State bonds bearing interest, for securing the debt, and for the erection of State buildings, support of State institutions, and perfecting public works.”

The Legislature in 1871 (Chapter 1833) enacted, “ That for the purpose of…

2Cases cited7 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Providence Bank v. BillingsSupreme Court of the United States · 1830
  3. People ex rel. Twitchell v. BlodgettMichigan Supreme Court · 1865
  4. Stewart v. Bd. of Super. of Polk CountySupreme Court of Iowa · 1870
  5. People ex rel. Blanding v. BurrCalifornia Supreme Court · 1859

2 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Amos v. MathewsSupreme Court of Florida · 1930
  2. Gaulden v. KirkSupreme Court of Florida · 1950
  3. Greater Loretta Imp. Ass'n v. State Ex Rel. BooneSupreme Court of Florida · 1970
  4. In Re Menefee, State TreasurerSupreme Court of Oklahoma · 1908
  5. In Re Advisory Opinion to GovernorSupreme Court of Florida · 1927

23 more not listed; retrieve them via the Exa API.

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