Bacon v. Klemm Son, (1931)
Court: Supreme Court of Florida
Number:
Visitors: 3
Judges: BUFORD, C.J. —
Attorneys: Harrison E. Barringer, for Plaintiff in Error;
Touchton, Mitchell Crittenden, for Defendant in Error.
Filed: Nov. 16, 1931
Latest Update: Mar. 02, 2020
Summary: This case comes here on writ of error to a peremptory writ of mandamus issued by the Circuit Court of the Twenty-seventh Judicial Circuit in and for Sarasota County to compel the levy of certain taxes. It may be said that all material questions involved in this case have been settled in this jurisdiction by the opinions and judgments in the cases of State ex rel. vs. Lehman, 133 So. 533 , and Klemm vs. Davenport, 129 So. 905 . Aside from the questions presented and determined in the above mentio
Summary: This case comes here on writ of error to a peremptory writ of mandamus issued by the Circuit Court of the Twenty-seventh Judicial Circuit in and for Sarasota County to compel the levy of certain taxes. It may be said that all material questions involved in this case have been settled in this jurisdiction by the opinions and judgments in the cases of State ex rel. vs. Lehman, 133 So. 533 , and Klemm vs. Davenport, 129 So. 905 . Aside from the questions presented and determined in the above mention..
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Under the peculiar facts of this particular case and the statutes under which these $5,000.00 of bonds were issued, I am inclined to the view that the Circuit Judge might have been justified in denying the writ, but I concur in the conclusion of the Court that in granting the writ no abuse of discretion is made to appear.
Source: CourtListener
