Hall v. Horne

Citations

• 52 Fla. 510

Syllabus

<p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p>