Judges: PER CURIAM. —
Attorneys: Forsyth Caro, for Plaintiff in Error;
Ernest E. Mason and Watson Pasco Brown, for Defendant in Error;
W. F. Way and John C. Blocker, as amici curiae.
Filed: Jun. 12, 1934
Latest Update: Mar. 02, 2020
Summary: This is a proceeding in mandamus brought by the City of Pensacola against Escambia County. The alternative writ commands the County to account for and remit to the City one-half of all tax collections for 1933, arising from a special tax on property located within the corporate limits of the City, by virtue of Section 1604, Revised General Statutes of 1920, Section 2435, Compiled General Laws of 1927, and to forthwith draw its warrant in favor of the City for the sum of $4,451.19 to apply on acc
Summary: This is a proceeding in mandamus brought by the City of Pensacola against Escambia County. The alternative writ commands the County to account for and remit to the City one-half of all tax collections for 1933, arising from a special tax on property located within the corporate limits of the City, by virtue of Section 1604, Revised General Statutes of 1920, Section 2435, Compiled General Laws of 1927, and to forthwith draw its warrant in favor of the City for the sum of $4,451.19 to apply on acco..
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Petition for rehearing was filed in this cause which was permitted to be briefed. We have examined the petition and the briefs carefully. It is urged that the words "due proportion" as employed in the statute (Section 1662, Revised General Statutes of 1920 should be read
in connection with the words "of the tax levied and collected upon the taxable property of the county for general road purposes." It is also contended that the distribution should be of the whole fund and not that portion remaining after Section 1604, Revised General Statutes of 1920, has been complied with as stated in the main opinion.
We have given due consideration to both contentions and see no reason to depart from the doctrine as announced in our main opinion. It is therefore affirmed and the rehearing denied.
DAVIS, C. J., and WHITFIELD, ELLIS, TERRELL, BROWN and BUFORD, J. J., concur.
