Pippin v. State ex rel. Town of Blountstown

Citations

• 73 Fla. 363
• 74 So. 653

Syllabus

<p>1. ' Section 850, General Statutes of 1906, provides “That one half of the amount realized for said special cax on property in incorporated cities and towns, shall be turned over to the municipal authorities of said cities and towns” and it is the duty of the county commissioners to comply with the law; but if they fail to do so, and expend all the money belonging to the special road .and bridge fund in any year, mandamus will not lie .to require them to pay from fund’s raised by taxation in a subsequent year, the money improperly withheld from the municipalities.</p> <p>2. Cities and towns are entitled to one-half the amount raised by taxation under the statute authorizing the collection of a special road and bridge tax, on all property lying within their corporate limits, arid where it is withheld by the county, the municipalities should make diligent effort to require the money to be turned over to them in accordance with the statute, and by their failure to do so they may be guilty of laches, which will bar relief by. mandamus.</p> <p>3. It is the duty of municipal authorities' upon the failure or refusal of the county Commissioners to turn over to them their proportion of the special road and bridge tax fund, to demand and require its payment within a reasonableJ time after the tax has been collected.</p> <p>4. Where an official has put it .out. of his power to perform a duty', 'a peremptory writ of mandamus will not be issued against him; but this will not prevent the injured parties from pursuing their proper remedies, and in the case of money wrongfully expended, from prosecuting in- due and, seasonable time their actions fpr. its restoration.</p> <p>5. There is no rule by which 'the number of year's which will bar relief by-mandamus can- be fixed. Each case'must be determined by- its, own 'facts!,' “An- apparent lácheá, . u'nex- . 'plained, is.the bar. It might take effect in a year.”. . -</p>