Lead Opinion
— The bonds herein involved are certain bonds of Special Tax School District Number 5, of Duval County, Florida, in the principal amount of $80,000.00, tо bear interest at the rate of four per cent, per annum payable semi-annually, dated January 1, 1936, to become due and рayable in the amount of $2,500.00 payable on January 1, 1938 to 1952, both inclusivе, $3,000.00 on January 1, 1953 to 1965, both inclusive, and $3,500.00 on January 1, 1966.
It appears from the allegations of the alternative writ of mandamus herein, to which has been attached and made a part of the writ, a certifiеd copy of the record of the bond validation proceedings had in the Circuit Court of Duval County that resulted in a final decree аpproving, ratifying and validating the issuance of said bonds as being in all respects in conformity to the Constitution and laws of the State of Flоrida, which final decree was duly entered and enrolled March 12, 1936, that under and by virtue of Sections 720-729, Inch C. G. L. 579-588 R. G. S. appropriate proceedings have been duly had and taken for the issuance of said bonds and that all things required by the Constitution and laws of the State of Florida, inсluding the affirmative approving vote of the freeholder electors of the issuing district, to render said bonds valid obligations of the obligor special tax school district, have been done in comрliance with the requirements of law pertaining thereto. All of said сon *276 ditions precedent are furthermore shown to have beеn duly put in issue in the bond validation proceeding had in the Circuit Court to which reference had been heretofore made, ánd thereuрon to have been judicially investigated and finally adjudicated in favor of the validity of said bonds in the final decree rendered by the Cirсuit Court in said proceeding, of which it appears that the- Circuit Court had duly acquired jurisdiction by appropriate proceеdings had and taken to that end.
The petition for validation was duly filed, no interested persons intervened to contest the validity of the рrojected issue and the validation decree was duly signed and made of record. Defects, if any, concerning the manner of рublication of the resolution and notice required by Sections' 722 and 723 C. G. L., 581 and 582 R. G. S. regarding the call and holding of the bond election at which the bonds were duly voted and authorized, as appears of reсord, have therefore been forever foreclosed by the validating decree and Section 5109 C. G. L., 3299 R. G. S., because the validity of said bonds can never be called in question in any of the courts of this Stаte on account thereof, now that said validation decrеe has been entered pursuant to.law and has not been attаcked by appeal. Weinberger v. Board of Public instruction,
Peremptory writ of mandamus granted to require respondent to sign each and all of the bonds hereinbefore described, in his capaсity as Chairman of the Board of Public Instruction of Duval County, it appearing that the objections raised by said respondent as grounds for his refusal to do so constitute no sufficient ground for such refusal.
Judgment for relator entered. •
Concurrence Opinion
(concurring). — It does not appear that there were any defects in the manner of the publication of the resolution and notice of election. There may have been some slight irregularity in procedure, any question as' to which was completely set at rest by the decree of validation.