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Smith v. State ex rel. Ally

E. A. Smith, as Mayor of City of Sarasota, Et Al., v. State, Ex Rel. M. M. Ally, a Widow

Smith v. State ex rel. Ally, 171 So. 513 (Fla. 1936)
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Court
Supreme Court of Florida · State Highest Courts
Decided
December 18, 1936
Judges
Cueiam, Beown, Ellis, Teeeell, Bufoed, Whitfield, Davis
Citations
171 So. 513126 Fla. 546

Opinion of the Court — Per Curiam

Pee Cueiam.

Under the writ of error we are asked to review final judgment awarding peremptory writ of mandamus.

The only question presented for our determination is as stated by the plaintiff in error, as follows:

“Whether it is error for the Court to order alternative and peremptory writs of mandamus requiring the levy of a tax to pay the relator’s claim 'taking into consideration the usual percentage of taxes paid during the year.’ ”

The question must be determined adversely to the contention of plaintiff in error on authority of the opinion and judgment in the case of State, ex rel.

Gillespie, v. Baskin, et al., 102 Fla. 329 , 136 Sou. Rep. 262 .

This case is to be distinguished from the case of State, ex rel.

Havana State Bank, v. Rodes, 116 Fla. 824 , 157 Sou. Rep. 33 , which was decided on the basis of the particular budgetary statutes applicable to county finances under the county budget law.

It follows that the judgment should be affirmed and it is so ordered.

Affirmed.

Ellis, P. J., and Teeeell and Bufoed, J. J., concur.

Whitfield, C. J., and Davis, J., concur in the opinion and judgment.

Dissent — Beown

Beown, J.

(dissenting). — As I see it, the effect of the statutes relating to 'the City of Sarasota is that in making up the budget they should be governed by the laws applicable to County Commissioners. Hence the principle stated in the Rodes case, above cited, should apply.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1938: 119382026peak 1938 · 1

Relies on it most ⓘ

  1. United States ex rel. Jones v. City of West Palm Beach94 F.2d 320 (5th Cir. 1938)

Most recent

  1. United States ex rel. Jones v. City of West Palm Beach94 F.2d 320 (5th Cir. 1938)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
State ex rel. Gillespie v. Baskin, 136 So. 262 (Fla. 1931) 14
State ex rel. Havana State Bank v. Rodes, 157 So. 33 (Fla. 1934) 5

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