Florida Packing & Ice Co. v. Carney

Citations

• 49 Fla. 293

Syllabus

<p>INJUNCTION TO RESTRAIN SALE OF PERSONAL PROP- ' ERTY — DISMISSAL OF BILL FOR WANT OF EQUITY BY APPELLATE COURT.</p> <p>1. A court of equity will never interfere to restrain by injunc- ' tion a levy upon and sale of personal property, unless the same is of such peculiar and intrinsic value to the owner that its loss can not be compensated adequately in damages. The ordinary remedy in such cases is at law by an action of trespass, or other appropriate remedy in the courts of law.</p> <p>2. Where it is apparent to an appellate court upon the face of a bill that it does not state a case cognizable in a court of equity, it will dismiss such bill for want of equity, even though the question of equitable jurisdiction was not presented by the pleadings, or raised before the appellate court.</p> <p>Decree affirmed, without prejudice to right to relitigate the merits by action at law.</p>