Brash v. State Tuberculosis Bd., (1936)
Court: Supreme Court of Florida
Number:
Visitors: 21
Judges: DAVIS, J.
Attorneys: Morgan F. Jones, for Appellant;
Emmet Safay and P.H. Odom, for Appellees.
Filed: Jun. 13, 1936
Latest Update: Mar. 02, 2020
Summary: In a previous decision rendered April 24, 1936, this Court reversed the decree of the Circuit Court of Duval County refusing to enjoin the issuance of certain certificates of indebtedness by the State Tuberculosis Board, the contention being that such certificates were in contemplation of amended Section 6 of Article IX of the State Constitution State "bonds" and therefore invalid. See: Sol Brash v. State Tuberculosis Board, 124 Fla. 167 , 167 Sou. Rep. 827. Subsequent to that decision, amended
Summary: In a previous decision rendered April 24, 1936, this Court reversed the decree of the Circuit Court of Duval County refusing to enjoin the issuance of certain certificates of indebtedness by the State Tuberculosis Board, the contention being that such certificates were in contemplation of amended Section 6 of Article IX of the State Constitution State "bonds" and therefore invalid. See: Sol Brash v. State Tuberculosis Board, 124 Fla. 167 , 167 Sou. Rep. 827. Subsequent to that decision, amended p..
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I concur in the holding that the issuance of these certificates does not violate amended Section 6 of Article IX of the Constitution, which prohibits the issuance of State bonds. Manifestly these certificates, by their express provisions, are not bonds within the meaning of the constitutional provision. But there are some portions of the opinion dealing with the matters of how this section of the Constitution should be construed under facts and circumstances not now before the Court, as to which I do not think it necessary for the Court to now express its views.
Source: CourtListener
