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>
Judges: Carter, Cockrell, Hocicer, Shackleford, Taylor, Whitfield
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10 cases in this archive cite this case.
- Prall v. PrallSupreme Court of Florida· 1909-06-15· cited 95×
- I.A. v. H.H.District Court of Appeal of Florida· 1998-04-22· cited 30×
- Micou v. McDonaldSupreme Court of Florida· 1908-01-15· cited 27×
- Smith v. PattishallSupreme Court of Florida· 1937-03-16· cited 25×
- Hutchinson v. CourtneySupreme Court of Florida· 1923-12-17· cited 15×
- H. W. Metcalf Co. v. MartinSupreme Court of Florida· 1907-06-15· cited 12×
- Graham v. HerlongSupreme Court of Florida· 1905-06-15· cited 6×
- Bass v. AldermanSupreme Court of Florida· 1920-07-29· cited 4×
- Hughes Trust & Banking Co. v. Consolidated Title Co.Supreme Court of Florida· 1921-04-20· cited 2×
- Ia v. HhDistrict Court of Appeal of Florida· 1998-04-22
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