Canova v. State ex rel. Commissioners

Citations

• 18 Fla. 512

Syllabus

<p>1. Wbe'n the Legislature.divided New River (Bradford) county it was competent to provide that the new county created out of its territory (Baker) should assume its pro rata share of the indebtedness of the former, to be ascertained by the relative valuation of taxable property in each, at the time of the division.</p> <p>2. The obligation of Baker county to issue its bonds or to pay its debts in the manner provided in the act creating the county passed in 1861, is not affected or controlled by subsequent constitutional or legislative enactment. The obligation of the contract cannot be thus impaired.</p> <p>8. Before Bradford county can proceed to compel Baker county to issue bonds for its pro rata share of the bonded indebtedness of the former to Columbia county, (from which Bradford was taken) it must appear that Bradford had issued and delivered its bonds to Columbia county.</p> <p>4. Under the act of 1861 creating Baker county it was made a condition precedent to demanding the issuing of bonds by Baker to Bradford that the pro rata of the shares of the capital stock in the Florida, Atlantic & Gulf Railroad Company held by Bradford county should be: “.set'apart-” to Baker county. , ¡ .</p> <p>5. The depreciation of the railroad stock in the possession of Columbia or Bradford county since 1861, for the purchase of which the original bonded indebtedness was created, constitutes no . valid reason for the refusal, on the part-of Baker county, to pay its proportion of the indebtedness.</p> <p>6. The fact that Baker county was not -a party , in mandamus pro ceedings of Columbia against Bradford county does not affect the liability of Baker county ; nor does the. judgment in that case preclude Baker county from showing the true amount of her liability to Bradford in any proceeding by Bradford against Baker to compel a contribution of a pro rata amount of the indebtedness of Bradford to Columbia.</p> <p>7. A return to an alternative writ of mandamus should, for the pur