Holt v. Hillman-Sutherland Co.

Citations

• 56 Fla. 801

Syllabus

<p>1. In passing upon a demurrer to the whole bill in a suit in equity, every presumption is against the bill, but it is also true that such a demurrer operates as an admission that all the allegations in the bill which are well pleaded are true, and a demurrer to the whole bill should be overruled if the bill makes any case for equitable relief.</p> <p>2. The granting or refusing of an application for a temporary injunction is a matter which rests largely within the sound judicial discretion of the Circuit Court, to be governed by all the circumstances of the case, and an abuse of such discretion should be shown in order to warrant an appellate court in disturbing such orders.</p>