Baya v. Town of Lake City

Citations

• 44 Fla. 491

Syllabus

<p>1. Where application is made to dissolve a temporary injunction upon bill, answer and affidavits filed by the ré< spective parties, the chancellor must be governed by the weight of the evidence, and unless it clearly appears that the ruling upon such motion is against the weight of the evidence it will not be reversed on appeal.</p> <p>2. The chancellor should not upon a mere motion to dissolve a temporary injunction based upon the bill, answer an affidavits submitted by the parties before the time for taking testimony has expired, dismiss the bill, unless the ease made by the bill is not a proper one for equitable relief; for where the bill states a case for equitable relief it should be retained to enable the.parties to take testimony and for such final decree as may be proper, even though a temporary injunction theretofore granted therein be dissolved upon such hearing.</p> <p>3. A court of equity has jurisdiction to enjoin a municipal corporation from opening up and using as a public street, without the owner’s consent, a strip of land belonging to an individual, which has never been condemned, dedicated or used as a street.</p>