State v. Brevard County, (1930)
Court: Supreme Court of Florida
Number:
Visitors: 14
Judges: WHITFIELD, J. —
Attorneys: C. A. Boyer, Special State Attorney, for Appellant;
Smith, Crofton Wilson, for Appellees.
Filed: Feb. 01, 1930
Latest Update: Mar. 02, 2020
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 228 This appeal is from a decree validating bonds to be issued by Brevard County under Chapter 13937, Acts of 1929, which is as follows: "AN ACT to Provide a Unified System of County Hard-surfaced Highways and Bridges in Brevard County, Florida; to Declare Certain Roads and Bridges a County Purpose; to Authorize the Board of County Commissioners of Said Count
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 228 This appeal is from a decree validating bonds to be issued by Brevard County under Chapter 13937, Acts of 1929, which is as follows: "AN ACT to Provide a Unified System of County Hard-surfaced Highways and Bridges in Brevard County, Florida; to Declare Certain Roads and Bridges a County Purpose; to Authorize the Board of County Commissioners of Said County..
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In view of the fact that this statute "authorizes" the county, acting through its chosen officers, to assume district obligations issued for a purpose which is an appropriate county purpose, but does not "compel" such action; and in view of the fact that the voluntary act of the county commissioners in assuming such obligations by issuing these bonds is tantamount to the voluntary act of the people of the county (See Jackson Lumber Co. v. Walton
County, 116 So. R. 771), I concur in the conclusion reached that these bonds are properly validated as county bonds. See Amos et al. v. John E. Mathews, decided at this term.
Source: CourtListener
