Opinion

Board Public Instruction v. First National Bank

111 Fla. 4
143 So. 738
1932 Fla. LEXIS 1539

Court: Supreme Court of Florida
Filed: Oct 8, 1932
Status: Published
On the bench: Andrews, Brown, Buford, Davis, Ellis, Terrell, Whitfield
Cited by: 15 cases

holding suit for specific performance of contract for sale of land was a transitory action

How later courts described this case

holding suit for specific performance of contract for sale of land was a transitory action
"[A]ction was transitory where the transaction on which it was founded might have taken place anywhere...."

Written by the judges who cited it.

The opinion

There is no showing that the Board of Public Instruction in attempting to borrow money came within the provision of Sec. 566 C. G. L. It does not *Page 21

appear that there was no money in the County School Fund applicable to the payment of outstanding school warrants. I think the validating act is not applicable and the venue was improperly changed.

ON REHEARING GRANTED.

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