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GREEN v. CITY OF PENSACOLA

No. A-394.

108 So.2d 897 (1959)

Ray E. GREEN, as State Comptroller of Florida, Appellant, v. CITY OF PENSACOLA, a municipal corporation, created by the law of Florida, Roy S. Philpot, Mayor, Clyde E. Miller, Jr., J.J. Banfell, J.N. Jolly, C.E. Erickson, E.P. McCullough, T.P. O'Gara, Henry E. McLaughlin and M.L. Mundy, as members of the City Council, and J.E. Frenkel, as City Clerk-Comptroller of the City of Pensacola, Appellees.

District Court of Appeal of Florida. First District.

Rehearing Denied March 2, 1959.

Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen., and T. Paine Kelly, Asst. Atty. Gen., for appellant.

F. Churchill Mellen and Watson & Watson, Pensacola, for appellees.

WIGGINTON, Judge.

The Attorney General petitioned for a writ of mandamus in the name of the State on the relation of the Comptroller against the City of Pensacola. The alternative writ sought to require payment of a gross receipts tax on natural gas sold by the city to its inhabitants during the year 1955, and levied by the Comptroller as evidenced by his duly recorded warrant.

The writ alleged that the city had refused to pay the tax imposed by law

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