A. P. KRUEGER, INTERVENOR, AND THE STATE
v.
BOARD OF PUBLIC INSTRUCTION FOR MARTIN COUNTY

Fla. | 1940-07-23
Terrell, C. J., Chapman and Thomas, J. J., concur., Brown, J., concurs in opinion and judgment., Justices Whitfield and Buford not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
144 Fla. 89 Florida Supreme Court (1940)
Also reported at: 197 So. 734

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Synopsis

The Florida Supreme Court affirmed a lower court's decree validating refunding bonds, finding that the issue had been previously settled by the court in a prior case. The decision confirms the legality of refunding tax anticipation notes issued by a county school board.


Holding

Yes, the issue of refunding bonds is valid because the court has previously considered and settled this matter in a prior case.


Key Quotes

“The record and the briefs have been examined and every essential question raised is found to have been considered and settled by this court in the case of Bryan v. Board of Public Instruction of Broward County, 142 Fla. 695, 195 So. 699.”

This quote establishes the primary legal basis for the court's decision, relying on precedent.

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Facts & Procedural History

The Board of Public Instruction for Martin County issued tax anticipation notes on July 1, 1929. The Board sought to refund these notes with new refun…

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Opinion of the Court
Per Curiam.

Per Curiam.

This appeal is from a final decree validating an issue of refunding bonds to take the place of tax anticipation notes circulated by the Board of Public Instruction of Martin County as authorized by Section 566, Compiled General Laws of 1927. Said tax anticipation notes were issued July 1, 1929, and are being refunded as provided by Chapter 15772, Acts of 1931.

*90The record and the briefs have been examined and every essential question raised is found to have been considered and settled by this court in the case of Bryan v. Board of Public Instruction of Broward County, 142 Fla. 695, 195 So. 699. The judgment appealed from is accordingly affirmed on authority of the last cited case.

Affirmed.

Terrell, C. J., Chapman and Thomas, J. J., concur.

Brown, J., concurs in opinion and judgment.

Justices Whitfield and Buford not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.


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