MacDonald v. Rehrer

Citations

• 22 Fla. 198

Syllabus

<p>1. A bill in equity, and an injunction issued thereon, is not the proper remedy where a municipal corporation has been organized, even though it is alleged that such organization was illegal, and that it was not so organized in conformity to the law.</p> <p>2. When a franchise or an office is usurped an injunction will not lie to prevent suoli usurpation, even though the respondents have not entered upon the duties of their office. The remedy is at law, by quo warranto, to be invoked after entry into, or exercise of authority under and hy virtue of their election or appointment.</p>