State Ex Rel. City of Vero Beach v. MacConnell

Supreme Court of Florida
State Ex Rel. City of Vero Beach v. MacConnell, 169 So. 657 (Fla. 1936)
125 Fla. 251
Ellis, Whitfield, Terrell, Brown, Buford, Davis

State Ex Rel. City of Vero Beach v. MacConnell

Opinion of the Court

This is a companion case to that other case entitled State of Florida ex relatione City of Vero Beach, a Municipal Corporation, etc., Relator, v. A.C. MacConnell, as City Clerk of City of Vero Beach, a Municipal Corporation, etc., Respondent, the only difference being that the revenue certificates in this case are sought to be issued against the net revenues of an electric power *Page 252 system while in the other case they are sought to be issued against the net revenues of a water supply system. See Williams v. Town of Dunnellon filed this term.

On authority of the opinion and judgment in the above mentioned case and cases therein cited, the motion to quash should be denied and the peremptory writ of mandamus should issue and it is so ordered.

WHITFIELD, C.J., and TERRELL, BROWN, BUFORD and DAVIS, J.J., concur.

ELLIS, P.J., concurring upon the principle announced in his specially concurring opinion in the companion case this day filed.

Opinion of the Court

Per Curiam.-

-This: .is a companion' case • to that other case entitled State of Florida ex relatione City of Vero Beach, a Municipal Corporation, etc., Relator, v. A. C. MacConnell, as City Clerk of-City, of Vero Beach, a Municipal Corporation, etc., Respondent, the only difference being that the revenue' certificates in.this case are sought to be issued against the net = revenues of an electric power *252system while in the other case they are sought to be issued against the net revenues of a water supply system. See Williams v. Town of Dunnellon filed this term.

On authority of the opinion and judgment in the above mentioned case and cases therein cited, the motion to quash should be denied and the peremptory writ of mandamus should issue and it is so ordered.

Whitfield, C. J., and Terrell, Brown, Buford and Davis, J. J., concur.

Concurring Opinion

Ellis, P. J.,

concurring upon the principle announced in his specially concurring opinion in the companion case this day filed.

Reference

Full Case Name
State, Ex Rel. City of Vero Beach v. A.C. MacConnell, as City Clerk of City of Vero Beach. (Case No. 2 &8212 Electric Power System)
Cited By
2 cases
Status
Published