Strickland v. Knight
Strickland v. Knight
Opinion of the Court
(after stating the facts). — The question now for decision is whether the parties named in the rule to show cause violated the supersedeas order in granting the permit to Faison in November last. The bill for the injunction was not based upon any ground applicable only to a permit for the license year ending September 30, 1903, but was predicated upon the result of an alleged election held in 1887 prohibiting the sale of liquors in precinct No. 19. The prayer was not confined to a permit for any particular year, but prayed an injunction against the granting of any permit. The injunction issued forbade the respondents from granting any permit until the further order of the court. It can not be doubted that the bill is framed upon the theory that it would be unlawful to issue a permit to sell liquors in precinct No. 19 so long as the status created by the election of 1887 exists and the prayer seeks to protect this status by enjoining the issuance of any permit. The effect of the supersedeas suspending as it does the effect of the order vacating the injunction is as broad as the injunction and prohibits the granting of a permit to Faison for any license year so long as it remains in force. The order refusing to advance the cause does not modify or change the effect of the supersedeas which still remains in full force, and these conclusions force us to hold the respondents in contempt for violating the supersedeas order. It is insisted, however, that the court upon the motion to advance construed the bill and the temporaiy injunction as involving only a permit for the license year beginning October 1st, 1902, and that if such construction is correct, the respondents did not violate the supersedeas by granting a permit for the subsequent license year. Looking at the order alone we must admit that such a construction is permissible from its language, and we are satisfied from the facts before us that the respondents misapprehended the language used and that they would not have granted the permit' but for such misapprehension. But when the language of the order is considered in connection with all the
Reference
- Full Case Name
- Thomas M. Strickland, P. W. Sessions, H. B. Wordehoff, D. L. Crum and Olin S. Wright v. Andrew J. Knight, Daniel J. Galvin, B. W. Branch, Charles B. Ware and J. D. Pollard, as County Commissioners of the County of Hillsborough, Florida
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- 1 case
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- Published
- Syllabus
- A -temporary injunction restraining county commissioners until the further order of the court from issuing to one F. a license for the sale of liquors in a certain precinct, on the ground that such sale was unlawful in that precinct as a result of a local option held in the county, was dissolved. An appeal was taken, and supersedeas granted suspending the effect of the order dissolving the injunction. Pending this appeal and supersedeas the commissioners, upon advice of counsel, granted a permit for the sale of liquors for a new business year. The action of the chairman of the board who put the motion for such permit and declared it carried, of the members of the board who voted for the permit and of the attorney who advised it, was contempt of the appellate court.