State, Ex Rel. v. City of West Palm Beach, (1936)
Court: Supreme Court of Florida
Number:
Visitors: 7
Judges: PER CURIAM.
Attorneys: Pleus, Williams Pleus, for Relator;
C.D. Blackwell, for Respondents.
Filed: Jul. 15, 1936
Latest Update: Mar. 02, 2020
Summary: This is a mandamus proceeding in which the contention is made by respondents that where a city or town has voluntarily (without being compelled by mandamus so to do) made a special appropriation and earmarked tax levy for the claim of the certain designated bondholder out of many others equally entitled to the same consideration, that the resulting fund is beyond the reach of a creditor seeking by mandamus to appropriate the same to the satisfaction of his own claim under the "first come, first
Summary: This is a mandamus proceeding in which the contention is made by respondents that where a city or town has voluntarily (without being compelled by mandamus so to do) made a special appropriation and earmarked tax levy for the claim of the certain designated bondholder out of many others equally entitled to the same consideration, that the resulting fund is beyond the reach of a creditor seeking by mandamus to appropriate the same to the satisfaction of his own claim under the "first come, first s..
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The conclusion reached in this case rests upon the "first come, first served" doctrine; a doctrine which I have consistently maintained is fallacious in reasoning and unsound in principle, but this Court having committed itself to such doctrine in many cases heretofore decided, I acquiesce in such doctrine as a rule of law applicable in cases like this, and agree to the conclusion reached.
Source: CourtListener
