State ex rel. Walker v. Stewart

Citations

• 49 Fla. 259

Syllabus

<p>1. Where a hoard of county commissioners, at a regular meeting held on November 3rd, 1903, adopted a resolution ' naming certain banks and an individual as fiscal agents of the county, and thereby proposed to pay such fiscal agents 6 per cent, per annum upon county warrants cashed by them and registered by the county treasurer from the date of issue to the date of payment as compensation for their services, and where one of said banks accepted the provisions of said resolution and cashed warrants, and presented an account for services on the basis of 6 per cent, per annum on the amount of warrants so cashed, which account was allowed by the county commissioners, such transaction was an attempt to pay interest, and is not authorized by law.</p> <p>2. Mandamus will not lie on the relation of the county commissioners to compel the clerk to do an illegal act.</p>