A. M. Klemm v. W. M. Davenport

TERRELL, C. J. -- The City of Clermont paved certain of its streets and assessed the entire cost against the abutting property, said cost being spread over ten equal annual installments. To provide immediate funds to meet the expense of this paving, the city issued its bonds as authorized by Chapter 9298, Laws of Florida, Acts of 1923 (Section 3022 et seq., Comp. Gen. Laws of 1927). Said bonds purport on their face to be general obligations of the city, were validated by decree of the Circuit Court of Lake county and bear certificate of that fact. Plaintiff in error is the owner of five thousand dollars of these bonds which matured January first, 1929, both principal and interest from date of maturity remaining unpaid. The record is silent as to whether this default resulted from delinquencies in the payment of special assessments or whether a large portion of the abutting owners took advantage of the installment provision. At any rate the relator below, plaintiff in error, instituted her suit in mandamus in October, 1929, to require the city council to levy and collect a general ad valorem tax to pay the amount of principal and interest due on her bonds. A motion to quash the alternative writ was granted and final judgment was entered, to which writ of error was taken.