Crawford v. Bradford

Citations

• 23 Fla. 404

Syllabus

<p>1. The insolvency of an officer to whom an alleged illegal fee or tax has-been paid, does not, of itself, or in connection with the fact that the statute creating the office may be unconstitutional, give a court of equity jurisdiction for the recovery of such payment.</p> <p>2. The fact that such statute may be unconstitutional does not authorize a resort to a court 'of equity to ascertain the illegality of the office.</p> <p>3. A party.* seeking an injunction must show not only clear legal or - equitable rights, but a well grounded apprehension of immediate injury to such rights. Where no necessity is shown for the injunction as a means of protection to such rights it should not be granted.</p> <p>4. Equity has no jurisdiction to enjoin the collection of a personal tax • or fee by an officer where the bill shows no ground for apprehending that he will attempt to enforce a collection against the complainant’s will.</p>