128 Fla. 899 | Fla. | 1937
The following opinion which was prepared by the late Mr. Justice DAVIS has been adopted by the Court as its opinion:
This case presents the contention, briefly put, that where certain of a county's outstanding road bonds have been refunded and the Board of County Commissioners have certified to the State Board of Administration (Chapter 14486, Acts 1929) that the refunding bonds have been issued, and that there has been appropriated in the county's budget, for credit to the account of said refunding bonds, and to them alone, all funds accruing and to accrue to the county's credit in the hands of the State Board of Administration as provided by law, that such certification of the County Commissioners, followed by an actual credit entered on its record by the State Board of Administration of all funds on hand to the refunding issue to the prejudice of the original bonds, can be set up in defense to an alternative writ *901 of mandamus obtained by a bondholder to procure payment of certain securities of the original issue that were in default. The Circuit Court rejected the defense and entered final judgment for the relator below. Respondent State Board of Administration has taken writ of error.
On the authority of the following prior decisions of this Court: State, ex rel. City County Holding Co., v. Board Public Inst. Broward County,
Affirmed.
TERRELL, BROWN, BUFORD and CHAPMAN, J.J., concur.