71 Fla. 612 | Fla. | 1916
Chapter 5844 Acts of 1907, in section 22 authorized the Town of Quincy to issue bonds “for the purpose of erecting school houses and maintaining a system of public education in said municipality. The city pursuant to ordinances etc., issued $80,000.00 of bonds for various municipal purposes including also “for the purpose of erecting a school house and maintaining a system of public education in said city, $10,-000.00 dollars.” Chapter 6095 Acts of 1909 validated the entire bond issue of $80,000.00 including those issued “for the purpose of erecting a school house and maintaining a system of public education in said city ten thousand ($10,000.00) dollars, as provided for in said ordinance, in such form and containing such recitals and provisions as the Council of the City-of Quincy, Florida, may, by resolution, determine or have heretofore, by resolution, determined; and any and all such bonds of the City of Quincy, Florida, issued, or which may hereafter be issued by the City of Quincy, Florida, under said ordinance, and in pursuance of the ratification of said ordinance, by the special elec
The payment of interest on the entire issue of $80,-000.00 was enjoined upon a bill filed for that purpose and a demurrer to the bill of complaint was overruled, from which latter ruling the defendant appealed. Authority clearly existed for issuing all the bonds except the $10,000.00 School bonds and the latter are severable from the others.
Irregularities in the issue of the bonds were cured by the validating act; but if the city cannot under the constitution legally issue the $10,000.00 of school bonds, the interest payments thereon may be enjoined. As the $10,-000.00 of school bonds issued in this case may not on this record be differentiated from a similar issue adjudged illegal in Brown v. City of Lakeland, 61 Fla. 508, 54 South. Rep. 716, the same result follows in this case. It does not appear that the bonds were issued for the purpose of higher education or for an independent school system of the city.
There is equity in the bill as to the $10,000.00 school bonds, therefore the demurrer to the whole bill was properly overruled.
The order appealed from is affirmed and the cause remanded for proceedings in accordance with this opinion.