BOARD OF PUBLIC INSTRUCTION, HOLMES COUNTY, ET AL., PLAINTIFF IN ERROR,
v.
STATE EX REL. THE PEABODY SEATING COMPANY AND HUGHES-LAW LUMBER COMPANY, DEFENDANT IN ERROR
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The court held that a tax levy can be made against homesteads to pay prior judgments, regardless of constitutional provisions.
Relators obtained judgments based on prior indebtedness for furniture and lumber. The sole question was whether homesteads could be taxed to pay these…
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The writ of error brings for review judgment awarding peremptory writ of mandamus requiring respondents to levy a tax to produce funds sufficient to pay relators judgments and to include in the tax levy and assessments against all property subject to taxation at the time the indebtedness accrued.
The judgment in favor of the Peabody Seating Company was recovered on May 5th, 1937 and was based on indebtedness which accrued for furniture sold and delivered to defendants in October, 1932. The judgment of Hughes-Law Lumber Company was recovered and entered on October 28, 1937, and was based on an indebtedness due the plaintiff for balance of purchase price of lumber bought by and delivered to defendant in October, 1933.
*94The sole question involved is whether or not the levy can be made against homesteads for the purpose of paying these judgments, regardless of the provisions of Section 7, Article X, of the Constitution of Florida.
This case is ruled by our opinion and judgment in the case of Board o'f Public Instruction for County of Bay, etc., et al., v. State of Florida ex rel. W. J. Barefoot and Julia Lee Cooey, filed at this term of Court (19 Sou. 760, 145 Fla. 482) and, on authority of that opinion and judgment, the judgment involved here is affirmed.
So ordered.
Affirmed.
Brown, C. J., Whitfield, Terrell, Buford, Chapman, Thomas and Adams, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Cnty. of Hillsborough, 148 Fla. 163 (Fla. 1941)…ec. 7, Art. X of the Constitution at the general election in 1934. See Board of Public Instruction of Bay County v. State ex rel. Barefoot, 145 Fla. 482, 199 Sou. 760; Board of Public Instruction et al., v. State ex rel. Peabody Seating Co., et al., 146 Fla. 93, 200 Sou. 924. We have held that the provisions of amendment to Sec. 6, Art. IX of the Constitution should not be given such a narrow and technical construction as would defeat its evident intent and purpose; nor should its expressed prohibitions b…
Authorities Cited
- Bd. of Pub. Instruction for Bay Cnty. v. State ex rel. W. J. Barefoot & Julia Lee Cooey, 145 Fla. 482 (Fla. 1941)