City of Kissimmee v. State Ex Rel. Ben Hur Life Ass'n

In this case the City of Kissimmee, pursuant to a resolution adopted by the City Commission, levied municipal ad valorem taxes and therein provided that the levy thereby to be made for debt service to pay interest on certain coupons on specified bonds of the city, should be collected and held for pro rata distribution among the creditors of the city for whose benefit the levy was made. The Circuit Judge held against the city on its contention that the doctrine of the so-called “first come, first served” rule should not be applied to a creditor who by this proceeding in mandamus sought payment…