Hall v. Horne
Hall v. Horne
Opinion of the Court
(after stating the facts) : We shall not undertake to treat the errors assigned in detail, as we see no useful purpose to be accomplished by so doing.
It is elementary, and has also been repeatedly enunciated by this court, that a bill in chancery which states no cause for equitable relief is demurrable, and it is equally well settled that no restraining order or temporary injunction should be granted thereon. Godwin v. Phifer, 51 Fla. 441, 41 South. Rep. 597, and authorities thérein cited.
Appellees could not proceed under Section 1469 of the Revised Statutes of 1892, for the reason that said section
An inspection of the bill discloses that the title of appellees to the turpentine boxes, as well as their possession thereof and right to the possession, is alleged in the most general way, as well as is the interference by appellants. There is no ground of equity jurisdiction stated under which appellees could invoke the action of such court. See Godwin v. Phifer, 51 Fla. 441, 41 South. Rep. 597, decided since the appeal in the instant case was taken, wherein the subject is fully discussed and numerous authorities cited. The demurrer to the bill should have been sustained and the injunction dissolved. We also fail to see wherein the amendment allowed to the bill materially strengthens it or injects sufficient equity into
We also disapprove of the practice of granting a restraining order and allowing time in which to file an indemnity bond, and know of no' authority for such practice. See Stockton v. Harmon, 32 Fla. 312, 13 South. Rep. 833. Section 1465 of the Revised Statutes of 1892 authorizes the granting of a restraining order without bond only when it has been made satisfactorily to appear to the Chancellor, as therein set forth, that the complainant is unable to give bond of indemnity or other security. This statute has no applicability to the instant case.
It necessarily follows from what we have said that the demurrer should have been sustained, the restraining order dissolved and the bill dismissed, therefore the orders appealed Horn must be reversed, with directions accordingly, at the cost of the appellees.
Reference
- Full Case Name
- T. C. Hall and W. R. Bigham, Copartners Under the Firm Name of Hall & Bigham v. L. Horne, K. W. Horne and J. B. Norman, Jr., Composing the Partnership of L. Horne & Company
- Cited By
- 13 cases
- Status
- Published
- Syllabus
- 1. A bill in chancery which states no cause for equitable relief is demurrable, and no restraining order or temporary injunction should be granted thereon. 2. If it is plainly apparent that a hill in chancery is without equity, an injunction should not be granted in the first instance, but, if granted, should be dissolved at the earliest opportunity by the court and the bill ordered dismissed. 8. Section 1469 of the Revised Statutes of 1892, in giving a right to enjoin trespass to realty to any person claiming to own timbered lands in this State, does not confer such right upon one claiming to own only the “turpentine boxes,” or the turpentine in the trees with the privilege of cutting, boxing and scraping the trees. 4. In a suit in chancery seeking to enjoin the destruction or injury of timber standing on land, not based on Section 1469 of the Revised Statutes of 1892, irreparable injury must be made to appear, and in the case of destruction or injury of “turpentine boxes” it must be alleged that they are of such peculiar value that their loss or destruction could not be susceptible of pecuniary compensation. 5. In a suit in chancery seeking an injunction the title or interest of the complainant and the facts upon which he predicates his prayer for such relief must be stated positively, with clearness and certainty. The bill must state facts and not opinions or conclusions. C. The practice of granting a restraining order and allowing time in which to file an indemnity bond is unauthorized, except in that class of cases provided for in Section 1435 of the Revised Statutes of 1892, where it has been made satisfactorily to appear that the complaint is unable to give bond of indemnity or other security.